Longrigg and Longrigg (Child support)

This matter concerned an application by the father for a change of assessment under the *Child Support (Registration and Collection) Act 1988* (Cth). The father sought to vary his assessed child support liability on the grounds that it would be just and equitable to do so. The primary issue was whether the father's earning capacity had been affected by a voluntary decision to reduce his working hours, and if so, whether this reduction warranted a departure from the standard assessment.

The Member was required to determine whether the father had established a ground for departure from the child support assessment. Specifically, the Member had to consider whether the father's reduced income was due to circumstances that made it just and equitable to vary the assessment, and whether the father's earning capacity had been affected by a voluntary decision to reduce his working hours.

The Member found that the father had voluntarily reduced his working hours and that this decision was not made in good faith or for a reasonable purpose. The Member reasoned that a parent's voluntary decision to reduce their earning capacity, without a compelling reason, should not be a basis for reducing their child support obligations. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Member concluded that it was not just and equitable to depart from the assessment based on the father's voluntary reduction in income.

The decision under review was set aside and substituted. The father's adjusted taxable income was varied to reflect his earning capacity prior to the voluntary reduction in working hours, and his child support assessment was adjusted accordingly.