Morden and Morden (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the father, Morden, against the mother, Morden. The dispute centred on the assessment of child support payable by the father for the parties' child.

The primary legal issue before the court was whether the existing child support assessment should be departed from, pursuant to section 117 of the Act. This required the court to consider whether the mother's income, property, and financial resources were such that the assessment did not make proper allowance for her capacity to support the child, or whether the father's income, property, and financial resources were such that the assessment did not make proper allowance for his capacity to support the child.

The Senior Member found that a ground for departure was established, specifically that the mother's financial resources were not being properly accounted for in the assessment. The Senior Member reasoned that the mother had access to significant financial resources that were not reflected in her assessed income, and that to maintain the current assessment would not be just and equitable. Consequently, the Senior Member set aside the original decision and substituted a new decision to depart from the assessment.