Shearman and Shearman (Child support)

This matter concerned an application for a child support assessment review before Member M Martellotta of the Child Support Special Powers Division. The dispute involved an application to change a child support assessment, with the applicant asserting that a ground for departure existed due to a changed pattern of work. The core of the disagreement revolved around whether it was otherwise proper to make a particular departure determination, with the applicant arguing that special circumstances warranted such a change.

The court was required to determine whether the applicant had established a ground for departure from the child support assessment. Specifically, the court had to consider whether the applicant's changed pattern of work constituted a sufficient basis for departure, and if so, whether the circumstances were such that it was otherwise proper to make a departure determination. The court also had to assess the income, property, and financial resources of the parties, particularly the mother's adjusted taxable income, in light of the alleged special circumstances.

Member Martellotta found that a ground for departure did exist due to the changed pattern of work. The reasoning focused on the impact of this change on the parties' financial positions and the overall fairness of the existing assessment. The court applied the principles governing departures from child support assessments, considering whether the established ground, in conjunction with the specific financial circumstances of the parties, justified a variation. The mother's adjusted taxable income was varied as part of this assessment. The decision under review was set aside and substituted with a new determination.