Ryalls and Burakowski (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant, Ryalls, against the respondent, Burakowski. The dispute centred on whether the child support assessment should be varied due to specific circumstances relating to the earning capacity of a parent and the costs associated with a child's special needs. The decision was made by Member S Irvine of the relevant tribunal.

The primary legal issues before the tribunal were whether the existing child support assessment should be set aside and substituted with a new assessment. This required the tribunal to consider whether the grounds for departure, specifically relating to the earning capacity of a parent and the costs of special needs, were established. The tribunal had to determine if these factors were not properly taken into account in the original assessment or if they had changed significantly.

In reaching its decision, the tribunal applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. It considered evidence presented regarding the respondent's earning capacity, assessing whether this capacity was being deliberately underutilised or if there were other factors affecting it. Furthermore, the tribunal examined the evidence concerning the special needs of the child and the associated costs, evaluating whether these costs were extraordinary and directly attributable to the child's condition. The tribunal's reasoning involved a careful balancing of the legislative intent to ensure adequate financial support for children with the specific factual circumstances presented by the parties.

The tribunal set aside the original child support assessment and substituted it with a new determination, reflecting its findings on the grounds for departure.