McConnell and Gray (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant, McConnell, against the respondent, Gray, concerning child support payments. The application was heard by Member S Cullimore of the Child Support Special Powers Division.

The primary legal issue before the Member was whether the existing child support assessment should be departed from, pursuant to section 117 of the Act. This required the Member to consider whether the ground for departure, as alleged by the applicant, was established, taking into account the income, property, and financial resources of both parents, as well as their earning capacities.

The Member's reasoning focused on the specific requirements of section 117. The applicant needed to demonstrate that the assessment did not make proper or adequate provision for the child. After considering the evidence presented regarding the financial circumstances and earning capacities of both McConnell and Gray, the Member concluded that the applicant had failed to establish a ground for departure. Consequently, the decision under review, which affirmed the existing child support assessment, was affirmed.