Nunez and Bentley (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the liable parent, Mr Nunez, against a child support assessment made in favour of Ms Bentley. The application was heard by Member Baulch of the Child Support Special Circumstances Branch.

The primary legal issue before the Member was whether the liable parent had established grounds for a departure from the child support assessment, specifically concerning the income, property, and financial resources of the liable parent, and the special needs of the child. The Member was required to determine if the existing assessment was unfair given these circumstances and whether a departure was justified.

The Member found that a ground for departure was established, noting that the liable parent's income, property, and financial resources were not accurately reflected in the assessment. Furthermore, the Member considered the special needs of the child, which were not adequately accounted for under the standard assessment provisions. Applying the principles of fairness and the objectives of the *Child Support (Registration and Collection) Act 1988*, the Member concluded that a departure from the assessment was warranted.

The decision to depart was varied, resulting in an amended child support assessment that better reflected the financial realities and the child's specific needs.