Scoggins and Elwes (Child support)

This matter concerned an application for review of a departure determination made by the Registrar of the Child Support Agency. The applicants, Scoggins and Elwes, sought to challenge the Registrar's decision to depart from the formula assessment of child support payable by the liable parent. The review was heard by the Child Support Registrar.

The primary legal issue before the Registrar was whether there was a ground for departure from the formula assessment of child support. Specifically, the Registrar had to consider whether the earning capacity of the liable parent constituted a ground for departure under the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

The Registrar's reasoning focused on the liable parent's earning capacity. The evidence presented indicated that the liable parent possessed an earning capacity that was significantly higher than their actual earnings. The Registrar found that this disparity between earning capacity and actual earnings constituted a ground for departure. The Registrar then considered whether it was just and equitable to depart from the formula assessment, taking into account the circumstances of the case, and concluded that it was.

The Registrar affirmed the decision to depart from the formula assessment.