Stansfield and Stansfield (Child support)

The case of *Stansfield and Stansfield* concerned an application to depart from a child support assessment. The applicant sought to vary the assessment based on the respondent's income and financial resources, specifically relating to business income, and also sought to account for the child's education costs. The matter was heard by P Noonan M.

The primary legal issues before the court were whether the existing child support assessment was unfair and whether a departure from that assessment was justified. This involved considering the income and financial resources of both parents, with a particular focus on the respondent's business income, and assessing the impact of the child's education costs on the fairness of the assessment. The court was required to determine if these factors warranted a departure from the standard assessment under the relevant legislation.

In reaching its decision, the court considered the evidence presented regarding the respondent's income and financial resources, including the complexities of business income. The court also took into account the significant costs associated with the child's education. Applying the principles governing departures from child support assessments, the court found that the existing assessment was indeed unfair in light of these circumstances. Consequently, the court set aside the original decision under review and substituted its own decision. The final orders reflected a revised child support assessment that took into account the established factors.