Maher and Cheetham (Child support)

The case of *Maher and Cheetham* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed rate of child support payable by the respondent. The primary dispute revolved around the respondent's earning capacity and whether it was appropriate to assess child support based on this capacity rather than their actual income.

The court was required to determine whether the criteria for a departure determination were met, specifically focusing on whether the respondent's failure to provide full and complete disclosure of their financial affairs, and their earning capacity, warranted a departure from the assessed child support amount. The court also considered the obligation on parties to make full and frank disclosure of their financial circumstances in child support matters.

In its reasoning, the court affirmed the decision under review, finding that all three criteria for a departure determination had been met. The court emphasised the importance of full financial disclosure and concluded that the respondent's earning capacity was a relevant factor in assessing child support. The court applied the principles that parties have a duty to disclose their financial affairs and that a failure to do so, or the existence of an underutilised earning capacity, can be grounds for a departure from the standard assessment. The court made no specific orders as the decision under review was affirmed.