Moschino and Kenzo (Child support)

This matter concerned an appeal by the father, Moschino, against a departure determination made by the Registrar of the Child Support Agency concerning the child support payable for their two children. The mother, Kenzo, sought to vary the assessment of child support. 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 standard child support assessment was justified, specifically considering the proper needs of the children and the income and financial resources of both parents. The Court was required to determine if the existing assessment did not make proper or adequate provision for the children.

The Court reviewed the evidence presented regarding the children's needs, including their educational expenses and extracurricular activities, as well as the financial circumstances of both Moschino and Kenzo. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the object of the Act to ensure that both parents make a proper and adequate financial contribution to the upbringing of their children. The Court found that the Registrar's decision had failed to adequately consider all relevant factors, particularly the capacity of the father to contribute to certain expenses.

The Court set aside the Registrar's departure determination and substituted its own, ordering a revised child support payment.