Saffman and Saffman (Child support)

The matter of *Saffman and Saffman* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied based on the income, property, and financial resources of the liable parent, specifically focusing on benefits derived from a business. The decision under review was set aside and substituted by the court.

The primary legal issue before the court was whether the liable parent's financial position, particularly the benefits received from their business, warranted a departure from the standard child support assessment. This involved an examination of the parent's income, property, and financial resources to determine if the existing assessment was not properly assessing the parent's capacity to pay.

The court considered the benefits derived by the liable parent from their business, which were not fully reflected in their assessed income. The court applied principles relating to the assessment of income and financial resources for child support purposes, focusing on the actual financial capacity of the liable parent. The court found that the benefits derived from the business constituted a financial resource that should be taken into account.

The court set aside the previous decision and substituted it with its own determination, reflecting the adjusted assessment of the liable parent's financial capacity.