Wickers and Ganson (Child support)

The matter of *Wickers and Ganson* concerned an appeal to the court regarding a child support departure determination. The applicant, Ganson, sought to set aside a previous decision that had been made under the *Child Support (Registration and Collection) Act 1988*. The core of the dispute revolved around the assessment of the respondent, Wickers', income and financial resources, particularly in relation to the operation of a business with his current partner and the payment of personal expenses from the business account.

The court was required to determine whether the previous departure determination was erroneous. Specifically, it needed to consider whether Wickers' income and financial resources had been accurately assessed, taking into account the extent to which personal expenses were being met from business funds. The court also had to assess whether the carer parent, Ganson, had depleted capital from a property settlement in a manner that warranted consideration in the child support assessment.

In its reasoning, the court applied principles relating to the assessment of income and financial resources for child support purposes, including the treatment of personal expenses paid from business accounts as potentially relevant to a parent's capacity to pay. The court found that the previous decision had failed to adequately consider the available evidence regarding the depletion of capital by the carer parent and the extent to which personal expenses were being met from the business. Consequently, the court set aside the previous departure determination and substituted its own.