Prindville and Modesitt (Child support)

This matter concerned an appeal by the liable parent, Prindville, against a departure determination made by the Child Support Registrar. The dispute centred on whether the Registrar had erred in refusing to depart from the child support assessment based on the liable parent's income, property, and financial resources. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the liable parent had established grounds for a departure from the child support assessment under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court had to consider whether the liable parent's income, property, and financial resources were such that the assessment did not make proper or adequate provision for the child.

The Court affirmed the Registrar's decision, finding that the liable parent had not discharged the onus of proving that a departure from the assessment was justified. The Court applied the principles established in child support departure cases, which require a high threshold to be met before an assessment can be departed from. It was determined that the liable parent's financial circumstances, as presented, did not meet this threshold.

The appeal was dismissed, and the original child support assessment was affirmed.