Trailler and Calladen (Child support)

The case of *Trailler and Calladen* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent, citing the high costs of child care as a ground for departure. The matter came before M Douglas M.

The primary legal issue before the court was whether the grounds for a departure determination existed, specifically in relation to the high costs of child care. This required the court to consider the income, property, and financial resources of the liable parent (the respondent) and assess whether these factors, in conjunction with the child care costs, warranted a departure from the child support assessment.

In reaching its decision, the court considered the evidence presented regarding the respondent's financial circumstances and the actual costs incurred for child care. The court found that the high costs of child care did constitute a ground for departure. Consequently, the court adjusted the respondent's taxable income for the purposes of the child support assessment. The decision under review was therefore varied to reflect this adjustment.