Myrtle and Myrtle (Child support)

This matter concerned an application by the father for a departure from the child support assessment made under the *Child Support (Assessment) Act 1989* (Cth). The mother sought to uphold the assessment. The case was heard by Magistrate S Letch in the Magistrates Court of Western Australia.

The primary legal issue before the court was whether the father had established grounds for a departure from the child support assessment. Specifically, the court had to consider if the father's circumstances fell within one of the prescribed grounds for departure under section 117 of the *Child Support (Assessment) Act 1989* (Cth), and if so, whether it would be just and equitable to make a departure order.

Magistrate Letch considered the evidence presented by both parties regarding the father's financial situation and the child's needs. The court applied the principles established in child support jurisprudence, focusing on the legislative intent of the Act, which is to ensure that both parents contribute to the financial support of their children according to their respective capacities. The court weighed the father's asserted inability to pay the assessed amount against the child's right to receive adequate financial support.

The court ultimately found that the father had not satisfied the onus of proof required to establish grounds for a departure. Consequently, the application for a departure from the child support assessment was dismissed, and the original assessment remained in effect.