Nicken and Nicken (Child support)

The matter of *Nicken and Nicken* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessment of child support payable by the respondent. The court was required to consider the income, property, and financial resources of both parents in determining whether a ground for departure was established.

The primary legal issue before the court was whether the existing child support assessment was unjust or inequitable having regard to the specific circumstances of the parties. This involved an examination of whether the respondent possessed income, property, or financial resources that were not taken into account in the assessment, or if there were other circumstances that rendered the assessment unfair. The court had to determine if any of the prescribed grounds for departure under the Act were met.

The court found that a ground for departure was established. In reaching this conclusion, the court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit a departure from a child support assessment where it would be unjust or inequitable having regard to the financial circumstances of either parent. The court's reasoning focused on the disparity in the financial resources available to each parent. The decision to depart from the assessment was made on the basis of the evidence presented regarding the respondent's financial position. The court set aside the original decision and substituted its own determination.