Ruffer and Ruffer (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the liable parent, Mr Ruffer, against a child support assessment made in favour of Ms Ruffer. The dispute centred on whether the liable parent's income, property, and financial resources warranted a departure from the assessment.

The primary legal issue before the court was whether the liable parent had established a ground for departure from the child support assessment, specifically by demonstrating that the assessment was not just and reasonable having regard to his actual financial circumstances, including his income, property, and financial resources. The court was required to consider whether the liable parent's financial position was such that the standard assessment did not accurately reflect his capacity to pay child support.

The court found that a ground for departure was established. In its reasoning, the court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit departure from a child support assessment in certain circumstances, including where the liable parent's income, property, or financial resources are significantly different from those assumed in the assessment. The court considered the evidence presented regarding the liable parent's financial position and concluded that it justified a departure.

The court set aside the original child support assessment and substituted a new assessment reflecting the liable parent's actual financial circumstances.