Robben and Robben (Child support)

This matter concerned an application by the father, Mr Robben, for a departure from the child support assessment made under the *Child Support (Assessment) Act 1989* (Cth) in relation to the parties' two children. The mother, Ms Robben, opposed the application. The application was heard by R Ellis SM in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the father had established that the child support assessment should be departed from on the grounds that it would be fair and just to do so. Specifically, the court was required to consider whether the father's capacity to earn income had been significantly reduced by his voluntary decision to pursue further education, and whether this reduction in income was reasonable in the circumstances. The court also considered the impact of the father's current income on his ability to meet his child support obligations.

In reaching its decision, the court applied the principles set out in section 117 of the *Child Support (Assessment) Act 1989* (Cth), which permits departure from a child support assessment if it would be fair and just to do so. The court found that while the father had voluntarily reduced his income to undertake further education, this decision was not unreasonable in the circumstances, particularly given his stated intention to improve his long-term earning capacity. However, the court also considered the father's current financial position and his ability to meet his obligations. The court determined that a departure was not warranted on the grounds argued by the father, as the reduction in his income, though voluntary, was not so unreasonable as to justify a departure from the assessment.

The court therefore dismissed the father's application for a departure from the child support assessment.