Semple & Tyson

In *Semple & Tyson* [2009] FamCA 26, Benjamin J of the Family Court of Australia considered applications by the wife, Ms Semple, concerning child support for her three children with the husband, Mr Tyson. The applications included a request for adult child maintenance, a departure from administrative assessments of periodic child support, and the enforcement of alleged arrears under both the administrative assessments and a binding financial agreement.

The court was required to determine several legal issues. Firstly, whether the court had jurisdiction to grant adult child maintenance under section 66E of the *Family Law Act 1975* (Cth) given the child had not yet attained 17 years of age. Secondly, whether special circumstances existed to justify a departure from the administrative child support assessments, specifically considering the health difficulties of one child, the standard of living prior to separation, and the incomes of both parents, particularly in light of the capped child support amounts prior to the 2008 legislative changes. The court also considered its jurisdiction to hear the application for changes to assessments under section 116(1)(b) of the *Child Support (Assessment) Act 1988* (Cth). Finally, the court addressed the enforcement of alleged arrears.

Benjamin J dismissed the application for adult child maintenance, finding that the child had not yet attained the age of 17 years, thus section 66L(1) of the *Family Law Act 1975* (Cth) did not apply. The court found that there were grounds to depart from the administrative child support assessments. This departure was based on an analysis of the parties' respective taxable incomes, which were determined not to reflect their true disposable income, and the special circumstances of a child with health difficulties. The court also considered the pre-separation standard of living and the impact of the capped child support formula on parents earning at or above the capped amount. The court made specific orders departing from the administrative assessments, setting annual rates of child support and adjusted income amounts for both parents for specified periods. The application for enforcement of arrears was adjourned pending the calculation of arrears following the changes to the periodic child support assessments.