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Vincent McDougall v Jemma McDougall [2016] NZFC 6674

Published 01 December 2016

Departure from formula assessment — Child Support Act 1991, ss 104 and 105. An application for departure from the formula assessment under s 104 was declined. The applicant alleged “special circumstances” as the formula assessment had been conducted when his salary was significantly higher than it had been in following years. Considering the matters in s 105, the Court determined the legal threshold of “special circumstances” was not met. As a result, it was not appropriate to make the order sought pursuant to s 106. Judgment Date: 10 August 2016. * * * Note: names have been changed to comply with legal requirements. * * *