Stanton and Stanton (Child support)

The matter of *Stanton and Stanton* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied on the basis of the respondent's income, property, and financial resources. The decision under review was made by the Registrar of the Child Support Agency.

The primary legal issue before the court was whether the Registrar's decision to refuse the departure determination was erroneous. Specifically, the court was required to consider whether the Registrar had properly assessed the respondent's financial circumstances and whether those circumstances warranted a departure from the standard assessment of child support.

The court reviewed the evidence presented regarding the respondent's income, including his employment and any other financial resources available to him. It considered the principles of child support assessment, which aim to ensure that both parents contribute financially to the upbringing of their children according to their respective capacities. The court applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* and the *Child Support (Assessment) Act 1989* (Cth) to determine if the Registrar's decision was justified.

The court found that the Registrar had failed to adequately consider certain aspects of the respondent's financial position. Consequently, the court set aside the Registrar's decision and substituted its own determination, varying the child support assessment.