Richards and Knox (Child support)

This matter concerned an appeal by the father, Mr Richards, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' child. The mother, Ms Knox, had sought a departure from the usual assessment formula, which the Registrar had granted. The father sought to have this determination set aside.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. This required the court to consider whether the grounds for departure under the *Child Support (Registration and Collection) Act 1988* (Cth) were established, and if so, whether the Registrar’s decision to depart from the formula assessment was justified based on the income, property, and financial resources of both parents.

The court reviewed the evidence presented regarding the financial circumstances of both parties. It was found that the Registrar had correctly identified that a ground for departure was established, specifically that the assessment of the father's child support liability would be below the amount that would be a just and reasonable level of support for the child, having regard to the father's actual financial circumstances. The court affirmed the Registrar's finding that the father possessed significant financial resources that were not adequately reflected in the standard assessment formula.

The court therefore dismissed the father's appeal and affirmed the Registrar's departure determination.