Child support — departure order —special circumstances — Child Support Act 1991, ss 4, 105 — Re M [1993] NZFLR 74. The applicant was paying child support and applied for a departure from formula assessment in special circumstances. He submitted he did not have the capacity to pay at a rate of 100% as he could not afford his own lifestyle. The respondent mother had a 0% rate as she was a mother to young children and had no time or skills to work. The Judge reviewed the applicant's finances and found they were reasonably calculated but he could meet all of his own expenses and have surplus money. Although his budget would be tight, the applicant could afford to pay child support and there were no circumstances that required departure from the formula assessment. The situation could be reviewed once the respondent was in a better position to find work and earn an income. Judgment Date: 29 January 2019. * * * Note: names have been changed to comply with legal requirements. * * *