Parisi and Wouter (Child support)

The case of *Parisi and Wouter* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied, based on allegations concerning the income, property, and financial resources of both parents. The matter came before the court for review of a decision made by the Registrar.

The primary legal issue before the court was whether the existing child support assessment should be departed from, pursuant to section 117 of the Act. This required the court to consider whether the respondent had resources that were not being taken into account in the assessment, and whether the applicant had resources that were being taken into account. Specifically, the court had to determine if the respondent's benefits derived from his business, and the impact of a property settlement between the parties, warranted a departure from the assessment.

In its reasoning, the court examined the financial circumstances of both parties, paying close attention to the income and financial resources available to the respondent through his business interests. The court also considered the effect of the property settlement on the financial positions of both the applicant and the respondent. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, particularly those relating to departure determinations, to assess whether the current assessment was fair and equitable given the parties' overall financial positions and the benefits derived from the respondent's business.

The court set aside the decision under review and substituted its own determination.