Sand and Haver (Child support)

The matter of *Sand and Haver* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed child support amount, arguing that the cost of maintaining the children was significantly affected by the liable parent's income, property, and financial resources. The decision was made by R Anderson M.

The primary legal issue before the court was whether the circumstances of the case met the threshold for a departure determination, specifically whether the liable parent's financial position constituted a ground for departure under the Act. The court was required to assess if the standard assessment of child support did not make proper or adequate provision for the child's maintenance due to the liable parent's income, property, and financial resources.

In reaching its decision, the court considered the evidence presented regarding the liable parent's financial circumstances. It was found that a ground for departure was established, meaning the standard assessment did not adequately account for the child's needs in light of the liable parent's financial capacity. Consequently, the court determined that a departure from the assessed amount was warranted.

The court set aside the original decision to depart and substituted its own decision. The specific orders made regarding the substituted departure determination were not detailed in the provided text.