Rumsey and Cleaver (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Mrs Rumsey, sought to depart from the child support assessment for her children with the respondent, Mr Cleaver. The dispute centred on Mr Cleaver's income, property, and financial resources, and whether these warranted a departure from the standard assessment, particularly in light of the costs of the children's education and orthodontic treatment.

The court was required to determine whether Mr Cleaver's income, property, and financial resources were such that the assessment of child support should be departed from. Specifically, the court had to consider the evidence presented regarding Mr Cleaver's financial position, including the sale of his property, the purchase and renovation of a new residence, and the source of various funds deposited into his bank accounts. The court also had to assess the impact of Mr Cleaver's reduced income-earning capacity, including the loss of his driver's licence, on his ability to meet his child support obligations.

The court considered the evidence of Mr Cleaver regarding the sale of his property and the subsequent purchase and renovation of his current residence, accepting his explanations for the expenditure of funds. While initially questioning certain deposits into his bank accounts, the court was satisfied with his explanations for most, accepting his belief that one unexplained deposit was a mortgage refund. The court acknowledged Mr Cleaver's reduced income in the 2016/17 financial year, attributing it to his relocation and a decrease in work referrals from his father's business, further compounded by his inability to drive. The court found that the evidence did not support a departure from the assessment.