Reace and Mamakos (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the mother, Reace, against the father, Mamakos. The dispute centred on the assessment of child support payable by the father for their child.

The court was required to determine whether the father’s child support assessment should be departed from, having regard to the income, property, and financial resources of both parents. Specifically, the court had to consider the mother’s stable employment income, the father’s higher but potentially uncertain contract income, and the existing financial contributions made by both parents towards the child’s expenses, including school fees and household expenditure.

Senior Member R Ellis reasoned that while the mother might experience some hardship due to the current assessment, this needed to be balanced against the financial needs of the father and the child. The court considered the father’s income to be higher overall, but acknowledged the precariousness of his contract work. The existing contributions towards the child’s expenses were also a significant factor. Ultimately, the Senior Member affirmed the original decision under review, finding that a departure determination was not warranted in these circumstances.