Welbourn and Mobbs (Child support)

The matter of *Welbourn and Mobbs* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent departed from, on grounds relating to the respondent's income, property, financial resources, and earning capacity. The decision was made by Member S Letch.

The primary legal issue before the court was whether the respondent's circumstances met the criteria for a departure from the child support assessment. Specifically, the court had to determine if the respondent possessed income, property, or financial resources, or had an earning capacity, that justified a departure from the standard assessment. The court was also required to consider whether such a departure would be in the best interests of the child.

Member Letch found that a ground for departure was established, based on the respondent's earning capacity. The court reasoned that the respondent's actual income was significantly less than their earning capacity, and that this disparity warranted a departure from the assessed amount. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure from assessments, considering the financial circumstances and earning potential of the liable parent.

The court set aside the original decision and substituted its own determination. The specific orders made regarding the revised child support amount were not detailed in the provided text.