Woods and Boone (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Woods, sought to depart from the assessed child support amount payable by the respondent, Boone, on the grounds of Boone's income, property, and financial resources. The case was heard by Magistrate Dordevic.

The central legal issue before the court was whether a ground for departure from the child support assessment had been established, and if so, whether it was just and equitable to make a departure determination. This required the court to consider the specific circumstances of the parties and the child, and to assess whether the existing assessment was inadequate or excessive due to the respondent's financial position.

Magistrate Dordevic found that a ground for departure had been established, indicating that the respondent's income, property, or financial resources were such that the assessed amount did not adequately reflect his capacity to pay or the child's needs. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the just and equitable considerations for making a departure determination. The court determined that it was indeed just and equitable to depart from the assessment.

Consequently, the court set aside the original child support assessment and substituted it with a new determination reflecting the findings made regarding the respondent's financial circumstances.