Zina and Cento (Child support)

The matter of *Zina and Cento* 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 child support amount, arguing that the liable parent, Cento, possessed income, property, and financial resources that were not adequately reflected in the assessment. The decision was made by Member S Letch.

The primary legal issue before the court was whether the circumstances of the case met the criteria for a departure determination. Specifically, the court had to consider if the liable parent's income, property, and financial resources were such that the assessed child support amount was not fair and just, and if a departure was warranted under the Act.

Member Letch's reasoning focused on the evidence presented regarding Cento's financial position. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit a departure from an assessment where it would be ‘just and equitable’ to do so, and where the departure would be ‘in the best interests of the child’. The court found that the liable parent's financial resources were indeed greater than those reflected in the child support assessment, and that a departure was both just and equitable, and in the best interests of the child.

The decision to depart from the assessed child support amount was upheld. The previous decision was set aside and substituted with a new determination reflecting the court's findings regarding the liable parent's financial resources.