S and S

[2002] FMCAfam 258

FEDERAL MAGISTRATES COURT OF AUSTRALIA

S & S [2002] FMCAfam258

FAMILY LAW – Child Support – departure application – “just and equitable” – “otherwise proper” – setting child support level over a long period.

Child Support (Assessment) Act 1989

Bendeich v Bendeich (1993) FLC 92-355
Dwyer v McGuire (1993) FLC 92-420
Lightfoot v Hampson (1996) FLC 92-663

Applicant: R L S

Respondent: K E S

File No: HBM 2259 of 2002

Delivered on: 9 August 2002

Delivered at: Hobart

Hearing Date: 7 August 2002

Judgment of: Roberts FM

REPRESENTATION

Counsel for the Applicant: Ms R Courtney

Solicitors for the Applicant: Piggott Wood and Baker

Counsel for the Respondent: Mr M Trezise

Solicitors for the Respondent: Trezise Lawyers

ORDERS

1. That K E S pay child support for the children B L S born 5 September 1990 and R K S born 9 February 1994 for the period commencing
   5 March 2002 and ending on 30 June 2006 at the rate of $5,710 per annum as varied by Order No. 2 hereof.

2. That the said child support be varied in accordance with annual variations in the Consumer Price Index (All Groups) for Hobart commencing on 1 July 2003 and annually thereafter.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
HOBART

HBM 2259 of 2002

R L S

Applicant

And

K E S

Respondent

REASONS FOR JUDGMENT

1. In this matter the applicant is R L S (“the father”) and the respondent is K E S (“the mother”).  The father seeks orders:

   a)

   that the mother pay child support for the period commencing 5 March 2002 to 9 February 2012 at a rate calculated by applying child support to the mother's taxable income for 1998/1999 plus the Child Support Agency inflation factor, such inflation factor being applied on

   
   

   30 June 2002 and annually thereafter;

   b)that the mother pay a non-periodic payment of child support for the period commencing 5 March 2002 and annually thereafter, such sum to be half the costs of the children's school fees and piano lessons;

   c)that the mother pay all arrears of child support owing forthwith; and 

   d)that the mother be credited with any child support payments made by her since 5 March 2002.

2. There were other orders sought by the father but, in essence, he abandoned those after seeing the mother's financial situation.

3. The application is brought under sections 116, 133 and 141 of the Child Support (Assessment) Act 1989.  As I am essentially giving these reasons ex tempore, I will not quote from all the sections of the Child Support (Assessment) Act that are relevant. However, section 116 and also 117 are clearly important sections in relation to what I am about to say.

4. The respondent opposes the application. 

5. The background is that the parties were married but that are now not married.  There are two children of their marriage – a boy born in September 1990 and a girl born in February 1994.  Both children live with the applicant father and have done so since 1997.

6. There…