Xander and Tackett (Child support)

The case of *Xander and Tackett* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the assessment of child support obligations between the parties, Xander and Tackett. The matter came before Judicial Officer Cuthbert M.

The primary legal issue before the court was whether to depart from the formula assessment of child support. This required the court to consider the income, property, financial resources, and earning capacity of both Xander and Tackett, and to determine if the existing assessment was unfair in the circumstances.

Judicial Officer Cuthbert M reasoned that a departure from the formula assessment was warranted. The court applied the principles established in child support legislation, which permit departure where the assessment would be unfair due to specific factors relating to the parents' financial circumstances and capacities. The court found that the circumstances presented justified a departure to ensure a more equitable outcome.

The decision to depart from the formula assessment was made, and the original decision under review was set aside and substituted with a new determination.