Lizarraga and Lizarraga (Child support)

This matter concerned an application by the father, Mr Lizarraga, for a departure from the child support assessment made under the *Child Support (Assessment) Act 1989* (Cth) in relation to the parties' two children. The mother, Ms Lizarraga, opposed the application. The application was heard by Magistrate Y Webb in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the father had established that the existing child support assessment was causing him undue hardship, thereby justifying a departure from the assessment under section 117 of the *Child Support (Assessment) Act 1989*. This required the court to consider the specific circumstances of the father and determine if they fell within the grounds for departure outlined in the Act.

Magistrate Webb considered the evidence presented by both parties regarding their financial circumstances, including the father's income, expenses, and assets, as well as the mother's financial position. The court applied the principles established in case law concerning undue hardship, which typically involves a significant and substantial change in circumstances that makes it inequitable to continue with the existing assessment. The court carefully weighed the father's asserted financial difficulties against the needs of the children and the mother's capacity to provide for them.

The court found that the father had not discharged the onus of proving that the child support assessment was causing him undue hardship. Accordingly, the application for a departure from the child support assessment was dismissed.