Stewart and Stewart (Child support)

The matter of *Stewart and Stewart (Child Support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary a previous departure determination made by the Tribunal, alleging a change in circumstances. The dispute centred on the income, property, and financial resources of both parents, with a specific focus on the income of the liable parent as a potential ground for departure.

The Tribunal was required to determine whether a change in circumstances had occurred since the previous departure decision, and if so, whether those changed circumstances warranted a further departure from the child support assessment. The core legal issue was whether the current financial positions of the parties met the criteria for a departure determination, particularly in light of the liable parent's income.

The Tribunal considered the evidence presented regarding the financial circumstances of both parents. It found that a significant change in circumstances had indeed occurred, primarily relating to the income of the liable parent. Applying the principles for departure determinations, the Tribunal concluded that the existing child support assessment was no longer fair and appropriate given the altered financial landscape. Consequently, the Tribunal set aside the previous departure decision and substituted it with a new determination, specifying the period for which the departure would apply.