Wiggans and Wiggans (Child support)

This matter concerned an appeal by the father, Mr Wiggans, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' two children. The Registrar had determined that the father's child support assessment should be departed from, increasing the amount payable, on the basis of the income, earning capacity, property and financial resources of the father, and the special needs of one of the children. The mother, Mrs Wiggans, sought to uphold the Registrar's decision.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in assessing the father's income and earning capacity, and in considering the special needs of the second child. The court also had to determine whether the Registrar had properly considered the benefits derived by the father from his business interests when making the assessment.

The court found that the Registrar had erred in her assessment of the father's income and earning capacity, particularly in relation to the benefits he derived from his business. The court reviewed the evidence presented regarding the father's financial position and the specific needs of the second child. Applying the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), the court concluded that the Registrar's decision was not supported by the evidence.

The court set aside the Registrar's departure determination and substituted its own decision. The court ordered that the father's child support assessment be varied to reflect the corrected assessment of his income and earning capacity, and the specific circumstances of the children.