Wolfe and Ziegler (Child support)

The case of *Wolfe and Ziegler (Child Support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the formula assessment of child support payable by the respondent. The Senior Member, K Dordevic SM, considered the income, property, financial resources, and earning capacity of both parents in determining whether to grant the departure.

The primary legal issue before the court was whether the grounds for departure from the child support formula assessment were established. Specifically, the court had to determine if the existing assessment was unfair due to circumstances relating to the income, property, financial resources, or earning capacity of either parent, as contemplated by the Act. The court was required to weigh these factors to ascertain if a departure was justified.

The Senior Member found that the grounds for departure were established. In reaching this conclusion, the court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit a departure from the formula assessment where it would be inequitable to disregard certain financial circumstances or earning capacities. The court considered the evidence presented regarding the financial positions and potential earnings of both parties and concluded that the standard assessment did not adequately reflect the reality of their circumstances. Consequently, the Senior Member set aside the original decision and substituted a new determination.