Strickland and Strickland (Child support)

The case of *Strickland and Strickland* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the grounds that the respondent’s income, property, and financial resources were not accurately reflected in the assessment. The matter came before Member I Sheck of the relevant tribunal.

The primary legal issue before the tribunal was whether the respondent’s earning capacity, particularly in light of his self-employment and the benefits derived from his business, constituted a ground for departure from the child support assessment. This involved considering whether there had been a change in the respondent’s working pattern or circumstances that warranted a reassessment of his financial obligations.

The tribunal’s reasoning focused on the respondent’s actual income and earning capacity. It was found that the respondent was engaged in self-employment and derived benefits from his business. The tribunal considered the evidence presented regarding the respondent's income and financial resources, and concluded that these were adequately reflected in the existing child support assessment. The tribunal applied the principles governing departure determinations, which require a specific ground to be established to justify a variation of an assessment. In this instance, the tribunal found that no such ground was sufficiently made out.

The tribunal affirmed the original decision, meaning the child support assessment remained unchanged.