Paget and Cabrera (Child support)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding a child support departure determination. The parties, referred to as Paget and Cabrera, were in dispute over the existing child support assessment for their child. The applicant sought a departure from the standard assessment, arguing that it was not just and equitable to maintain it.

The primary legal issue before the Court was whether the existing child support assessment should be departed from, pursuant to section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). This required the Court to consider whether the assessment was not just and equitable having regard to the special needs of the child.

The Court affirmed the decision under review, finding that the special needs of the child had been established. However, it concluded that despite these special needs, it was not just and equitable to depart from the existing assessment. The Court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the threshold requirement of establishing that the assessment was not just and equitable before considering the specific grounds for departure. The appeal was dismissed.