Nowell and Nowell (Child support)

The case of *Nowell and Nowell* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the basis of the respondent's income and financial resources, specifically relating to business income and childcare costs. The matter came before the court for review of a previous decision.

The primary legal issue before the court was whether the respondent's income and financial resources, particularly in relation to their business and associated childcare expenses, warranted a departure from the standard child support assessment. This required the court to consider the specific provisions of the *Child Support (Registration and Collection) Act 1988* that permit departures from assessments in certain circumstances, focusing on the financial capacity of the non-resident parent.

The court's reasoning involved a detailed examination of the respondent's financial position, including their business income and the legitimacy of claimed childcare costs. The court applied the principles governing departure determinations, assessing whether the circumstances met the threshold for varying the assessment. Ultimately, the court found that the previous decision was not sound and set it aside. The court then substituted its own decision, which involved a departure from the assessment.