Lebleu and Lebleu (Child support)

The matter of *Lebleu and Lebleu* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the child support assessment made by the Child Support Registrar. The dispute centred on the income, property, financial resources, and earning capacity of the liable parent.

The court was required to determine whether a ground for departure from the child support assessment was established, and if so, whether it was just and equitable to depart from the assessment. Specifically, the court had to consider if the liable parent's actual financial circumstances, including their earning capacity, differed significantly from the assumptions underpinning the assessment.

The court found that a ground for departure was established, primarily due to the liable parent's earning capacity. The reasoning focused on the disparity between the parent's potential to earn income and their actual declared income, which was deemed insufficient to meet their obligations. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure from assessments, emphasising the need for a just and equitable outcome for both the child and the parents.

The decision of the Child Support Registrar to depart from the assessment was set aside and substituted with the court's own determination.