Nihill and Nihill (Child support)

This matter concerned an appeal by the paying parent against a departure determination made by the Registrar of the Child Support Agency. The appeal was heard by Magistrate S Cullimore. The core of the dispute revolved around the paying parent's income, property, and financial resources, which were considered difficult to ascertain, leading to the Registrar's decision to depart from the usual child support assessment.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. This required the court to consider whether the paying parent's actual financial circumstances warranted a departure from the standard assessment, particularly given the perceived difficulty in accurately determining their true financial resources.

Magistrate Cullimore reasoned that the Registrar's decision was not supported by sufficient evidence. The court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*, emphasizing the need for clear and compelling evidence to justify such a departure. Finding that the evidence presented did not meet this threshold, the court concluded that the Registrar's determination was not justified. Consequently, the court set aside the Registrar's departure determination and substituted its own decision.