Reiner and Heaton (Child support)

This matter concerned an application by the father, Mr Reiner, for a departure from the child support assessment made under the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to his two children, born in 2008 and 2010, with the mother, Ms Heaton. The father sought to reduce his child support liability, arguing that his current income was significantly lower than that used in the assessment and that he had incurred substantial expenses in caring for the children during his periods of care.

The primary legal issue before the court was whether the father had established grounds for a departure from the child support assessment. Specifically, the court had to determine if the father's reduced income constituted a "change of circumstances" under section 117(2)(a) of the *Child Support (Registration and Collection) Act 1988* (Cth), and if the expenses he incurred in caring for the children were "necessary expenses" that should be taken into account under section 117(2)(f) of the Act.

Magistrate Jensen M found that while the father's income had decreased, it was not to the extent claimed, and the reduction was not solely due to circumstances beyond his control. Furthermore, the court determined that the expenses claimed by the father were not solely "necessary" in the context of the legislation, as some were discretionary or related to his lifestyle choices. The court applied the principles of *Child Support (Registration and Collection) Act 1988* (Cth), particularly sections 117(2)(a) and 117(2)(f), emphasizing that a departure from an assessment requires a significant and demonstrable change in circumstances and that claimed expenses must be demonstrably necessary for the child's welfare.

The application for a departure from the child support assessment was dismissed.