Schultz and Schultz (Child support)

The matter of *Schultz and Schultz (Child support)* concerned an application to review a departure determination made by the Child Support Registrar. The primary dispute involved the assessment of the liable parent's income, property, and financial resources, specifically the benefits derived from his business interests, for the purpose of calculating child support obligations. The review was heard by P Jensen M.

The court was required to determine whether the departure determination made by the Registrar was justified, and in particular, whether the liable parent's actual financial capacity, considering the benefits derived from his businesses, had been adequately taken into account. This involved an assessment of whether the Registrar had erred in law or fact in their original determination.

The court's reasoning focused on the principles of child support assessment, which require consideration of a parent's capacity to pay. The court examined the evidence relating to the liable parent's income and the financial benefits he received from his business operations. The court found that the Registrar's initial determination had not fully accounted for these benefits, leading to an underestimation of the liable parent's financial resources. Consequently, the court set aside the Registrar's decision and substituted its own determination, reflecting a more accurate assessment of the liable parent's capacity to contribute to child support.