SKINNER & CLUNY

In proceedings before Bell J, the wife sought various orders concerning child support, spousal maintenance, and the enforcement of existing orders. The primary dispute involved a departure from the administrative assessment of child support, where the husband's current liabilities were assessed as nil. The wife also sought retrospective child support and spousal maintenance, as well as the enforcement of arrears relating to child support, spousal maintenance, and costs orders made in previous proceedings.

The court was required to determine whether to grant a departure from the child support assessment under s 117 of the *Child Support (Assessment) Act 1989* (Cth), considering the husband's non-disclosure of his financial circumstances and his assessed capacity to earn $250,000 per annum and access to financial resources. Additionally, the court had to consider an order for retrospective child support under s 114 of the Act, and orders for periodic and retrospective spousal maintenance under s 74 of the *Family Law Act 1975* (Cth). Finally, the court was asked to make orders for the enforcement of various arrears pursuant to s 105 of the *Family Law Act 1975* (Cth).

Bell J allowed the departure from the child support assessment, finding the husband had the capacity to pay. The court ordered periodic child support payments of $665 per week, commencing from 22 April 2013, and a lump sum of $11,970 plus interest for retrospective child support for the period 1 February 2011 to 13 June 2011. The husband and wife were ordered to share equally in the child's educational expenses. For spousal maintenance, the husband was ordered to pay $350 per week until the child commenced school in 2015 or the wife commenced full-time employment, whichever was earlier. A lump sum of $31,500 plus interest was ordered for retrospective spousal maintenance for the period 20 September 2009 to 13 June 2011. The court also made enforcement orders for significant arrears totalling $76,321.08 plus interest, and further arrears from previous orders, with a deadline of 31 December 2013 for payment of these lump sums.