Knaggs and Hyde (Child support)

The case of *Knaggs and Hyde (Child Support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute involved whether the child's income was sufficient to warrant a departure from the assessed child support amount, and alternatively, whether the income, property, and financial resources of a parent constituted grounds for such a departure. The matter was heard by T Bubutievski M.

The court was required to determine two key legal issues. Firstly, whether the child's income was of such an amount that it would be inequitable to make the child support assessment as it stood. Secondly, and in the alternative, the court had to consider whether the income, property, and financial resources of a parent were of such an amount that it would be inequitable to make the child support assessment as it stood.

In reaching its decision, the court found that the child's income was not a sufficient ground for departure. However, the court determined that the income, property, and financial resources of a parent did indeed constitute grounds for departure. Consequently, the court varied the decision under review.