Zentner and Zentner (Child support)

The matter of *Zentner and Zentner* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed rate of child support payable by the respondent. The central dispute revolved around whether the respondent had provided money, goods, or property for the benefit of the children, and if so, whether this warranted a departure from the assessed child support amount. The decision was made by SM Hewson in the [Court Name].

The primary legal issue before the Court was to determine whether the respondent had provided money, goods, or property for the benefit of the children, which constitutes a ground for departure under section 117(1)(a) of the *Child Support (Registration and Collection) Act 1988*. If this ground was established, the Court then had to consider whether, in all the circumstances, it was just and equitable to depart from the assessed rate of child support and, if so, to what extent.

SM Hewson found that the respondent had indeed provided money, goods, or property for the benefit of the children, thereby establishing the ground for departure. The Court reasoned that the nature and extent of these provisions were significant enough to warrant a departure from the assessed child support amount. Applying the principles of the Act, the Court concluded that it was just and equitable to make a departure determination.

Consequently, the Court set aside the original decision and substituted its own determination, ordering a departure from the assessed child support.