Lowes and Lowes (Child support)

This matter concerned an appeal by the father against a departure determination made by the Child Support Registrar. The dispute centred on the assessment of the father's income and financial resources for the purpose of calculating child support obligations. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the Registrar had erred in its assessment of the father's income, specifically in relation to loans received from his parents. The court was required to determine if these loans constituted financial resources that should be included in the father's assessable income for child support purposes, thereby potentially increasing his child support liability.

The court considered the nature of the financial assistance provided by the father's parents. It was established that the funds were provided as loans, not gifts, and that there was an intention for these loans to be repaid. The court applied the principle that financial resources available to a parent, including loans that are genuinely intended to be repaid, can be taken into account when assessing income for child support purposes. The court found that the Registrar had correctly identified these loans as financial resources and had not erred in its determination.

The appeal was dismissed, and the departure determination made by the Child Support Registrar was affirmed.