Ousey and Tuckman (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the applicant, Ousey, against the respondent, Tuckman. The dispute centred on the child support assessment for their two children, with Ousey seeking a departure from the administrative assessment on the grounds of Tuckman's alleged financial resources and earning capacity, and the costs associated with maintaining the children in a manner consistent with the parents' expectations.

The primary legal issues before the court were whether Tuckman possessed financial resources beyond those considered in the administrative assessment, and whether Tuckman's earning capacity had changed significantly, particularly due to a change in occupation. The court was also required to consider the costs of maintaining the children, specifically whether these costs were higher than usual due to the parents' intention to educate the children in a manner they expected.

Member R Prasad affirmed the decision under review. The Member found that while Tuckman had changed occupations, this change did not necessarily demonstrate an increased earning capacity that would warrant a departure from the administrative assessment. Furthermore, the Member determined that the costs associated with the children's education, while potentially higher than a standard assessment might account for, did not meet the threshold for a departure determination under the Act, as they were not demonstrably excessive or beyond what could be reasonably expected given the parents' circumstances.