Loban and Rodmore (Child support)

This matter concerned an appeal by the father, Mr Loban, against a decision of the Child Support Registrar concerning the assessment of child support payable to the mother, Ms Rodmore. The dispute centred on whether the father's income should be assessed at a higher rate than that declared, specifically concerning income derived from his business interests. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the Registrar had erred in refusing to depart from the assessed child support amount under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). This involved determining whether the father had intentionally and unreasonably reduced his earning capacity, and if so, whether it was appropriate to assess his child support liability based on a higher notional income.

The court considered the evidence presented regarding the father's business activities and financial affairs. It was noted that the father had significant control over his income and business structures. The court applied the principles established in case law concerning the assessment of earning capacity, particularly where a party is found to have deliberately reduced their income or has the capacity to earn more than they are declaring. The court found that the Registrar had not erred in her assessment, as the evidence did not sufficiently demonstrate that the father had intentionally or unreasonably reduced his earning capacity to avoid his child support obligations.

The appeal was dismissed, and the original child support assessment made by the Registrar was affirmed.