Spencer and Marks (No 2)

In *Spencer & Marks (No 2)*, the Family Court of Australia considered a property settlement and child support application between Mr Spencer (the Applicant Husband) and Ms Marks (the Respondent Wife). The dispute involved a disparity in the parties' salaries, significant credit card debt for both, and substantial educational and other expenses for their three children.

The court was required to determine the appropriate property settlement between the parties, including the division of their assets and liabilities. Additionally, the court had to consider whether to make a departure order from the administrative assessment of child support payable by the Husband to the Wife, pursuant to s 117(2)(ia) of the *Child Support (Assessment) Act 1989* (Cth), on the grounds of "special circumstances" arising from the disparity in the parties' incomes.

The court's reasoning, as reflected in the orders, indicates a consent determination by the parties on most matters, particularly concerning parenting arrangements and property division. The orders detail a specific property settlement amount for the Wife, the transfer of interest in the former matrimonial home, and provisions for its sale if the payment is not made within three months. The court also made a departure order regarding child support, fixing the weekly rate at $300 per child, acknowledging the disparity in income as a special circumstance justifying this deviation from the administrative assessment. The parenting orders establish equal shared parental responsibility and outline detailed arrangements for the children's time with each parent, including during school terms, holidays, and specific occasions.