Wallace and Howell (Child support)

The matter of *Wallace and Howell* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the standard child support assessment, alleging that the respondent had reduced their income with the intention of affecting the child support assessment and that the child had special needs. The decision was made by P Jensen M.

The primary legal issues before the court were whether the applicant had established a ground for departure from the child support assessment. Specifically, the court was required to determine if the child had special needs that warranted a departure, and if the respondent's reduction in income was indeed for the purpose of reducing their child support obligations.

In reaching its decision, the court considered the evidence presented regarding the child's needs and the circumstances surrounding the respondent's income reduction. The court found that the evidence did not support the claim that the child had special needs that would justify a departure from the assessment. Furthermore, the court was not satisfied that the respondent's reduction in income was primarily for the purpose of affecting the child support assessment. Consequently, the court concluded that no ground for departure had been established.

The application to depart from the child support assessment was refused, and the decision under review was affirmed.