Pateman and Carell (Child support)

The Federal Circuit Court of Australia considered an appeal by the liable parent, Mr Pateman, against a departure determination made by the Child Support Registrar. The dispute concerned the assessment of child support payable for the parties' child, with Mr Pateman arguing that the costs of childcare significantly affected the cost of maintaining the child and that his income, property, and financial resources should be taken into account.

The court was required to determine whether the Registrar had erred in refusing to depart from the administrative assessment of child support. Specifically, the court had to consider whether the grounds for departure under section 117(2)(a) of the *Child Support (Registration and Collection) Act 1988* (Cth) were established, namely that the cost of providing care for the child was significantly affected by the costs of childcare, and whether the income, property, and financial resources of Mr Pateman were such that the assessment should be departed from.

Justice Leonard found that the Registrar had failed to properly consider the evidence regarding the significant costs of childcare incurred by the resident parent. The court applied the principles established in the *Child Support (Registration and Collection) Act 1988* (Cth), which allow for a departure from the standard assessment where specific grounds are met. The court reasoned that the Registrar's decision had not adequately taken into account the impact of these substantial childcare expenses on the overall cost of maintaining the child, nor had it sufficiently considered Mr Pateman's financial capacity.

Consequently, the court set aside the Registrar's decision and substituted its own determination, ordering a departure from the administrative assessment to reflect the actual costs of childcare and Mr Pateman's financial circumstances.