Pottinger and Bellevue (Child support)

The case of *Pottinger and Bellevue* concerned an application to the court regarding child support payments. The applicant sought a departure determination from the respondent, who was the other parent. The core of the dispute revolved around the respondent's earning capacity, specifically whether their reduced working hours due to caring responsibilities and the child's sporting ability constituted grounds for a departure from the standard child support assessment. The matter was heard by W Kennedy M.

The primary legal issues before the court were whether the respondent's reduced working hours, necessitated by their caring responsibilities, should be taken into account when assessing their earning capacity for child support purposes. Additionally, the court had to determine whether the child's sporting ability constituted a "special need" that would warrant a departure determination. The court also considered the payment of school fees from a discretionary trust and its relevance to the child support assessment.

In reaching its decision, the court examined the provisions of the *Child Support (Registration and Collection) Act 1988* concerning departure determinations. The court reasoned that while caring responsibilities can impact earning capacity, the specific circumstances of the respondent's reduced hours needed careful consideration. The court also analysed the concept of "special needs" in the context of child support, distinguishing between general expenses associated with raising a child and truly exceptional circumstances. The court found that the child's sporting ability, while potentially requiring some financial support, did not meet the threshold for a special need that would justify a departure determination. The court also considered the nature of the discretionary trust and its implications for the child's financial resources.

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