McCouch and Kirkland (Child support)

This matter concerned an appeal by the father, McCouch, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' two children. The mother, Kirkland, sought the departure determination, arguing that the father's actual income was significantly higher than the income assessed by the Registrar. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the Registrar's decision to depart from the formula assessment of child support was justified. This required the Court to consider whether the father's income, property, and financial resources, when compared to the mother's, constituted a ground for departure under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court had to determine if the father's actual income was such that it would be unfair to assess child support based on the formula.

The Court found that the Registrar had erred in her assessment of the father's income and financial resources. Applying the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), the Court determined that the father's actual income was substantially higher than that used in the formula assessment, and that this difference, when considered in conjunction with the mother's financial position, constituted a ground for departure. The Court concluded that it was not fair to assess child support based on the formula in these circumstances.

Consequently, the Court set aside the Registrar's departure determination and substituted its own. The Court ordered that child support be assessed based on the father's higher actual income, reflecting the disparity in the parties' financial circumstances.