Vacanti and Saarela (Child support)

The matter of *Vacanti and Saarela* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary a child support assessment, arguing that the liable parent's income, property, and financial resources were not accurately reflected in the existing assessment. The decision was made by S Hoffman M.

The primary legal issue before the court was whether the liable parent possessed income, property, or financial resources that were not taken into account in the child support assessment, and if so, whether it was just and equitable to depart from the assessment. This required an examination of the liable parent's financial circumstances to determine if a departure from the standard assessment was warranted.

The court considered the evidence presented regarding the liable parent's financial position. It applied the principles governing departure determinations, which require a consideration of whether the liable parent has intentionally reduced their income or acquired assets that are not reflected in the assessment, and whether such a departure would be just and equitable in the circumstances. The court's reasoning focused on the specific financial details of the liable parent and their impact on the child support payable.

The court ultimately varied the child support assessment.