Weir and Ackerman (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding child support payments. The parties, Weir and Ackerman, were in dispute over the assessment of child support payable by Mr Ackerman to Ms Weir for their two children. The primary issue before the court was whether the child support assessment should be varied under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) on the grounds that the assessment was not just and equitable.

The court was required to determine whether the existing child support assessment, which was based on Mr Ackerman's income, was just and equitable in all the circumstances. Specifically, the court had to consider whether Mr Ackerman's earning capacity had been deliberately limited or reduced, and if so, whether this reduction was for the purpose of reducing his child support liability. The court also had to assess whether Ms Weir had been unable to meet her reasonable expenses for the children's care, maintenance, and education due to the current assessment.

Her Honour Judge Schuster considered the evidence presented by both parties, including financial information and details of Mr Ackerman's employment history and current circumstances. The court applied the principles established in case law concerning variations under section 117, which requires a high threshold to be met. The judge found that while Mr Ackerman's income had reduced, there was insufficient evidence to conclude that this reduction was deliberate or for the purpose of avoiding child support obligations. Furthermore, the court was not satisfied that Ms Weir was unable to meet her reasonable expenses due to the assessment. Consequently, the appeal was dismissed.