New case: variation of overseas child maintenance order

In Klein and Wright the Federal Magistrates Court varied an overseas child maintenance order (which had been made in California). The grounds for variation were:

-the original agreement/order entered into on 13 November 2000 was entered into when the father’s income was $390,000 per annum (the US$ equivalent of $A714,628). The applicant earned $218,750 in the last financial year, hence his income is substantially reduced;

-the children at the time the agreement was entered into were living with their mother for the majority of their time. The agreement provided for the maintenance of three children, Z, D and G and the husband’s employer paid private school fees;
-at that time all the parties were residing in Italy.
-it is not in dispute that in the relevant period, namely throughout 2006 and 2007, the children have lived the majority of their time with their father. It is also not contested that Z has graduated from high school at the end of 2004 and has been self-supporting since November 2004. It is also not in dispute that the father has re-partnered and has an obligation to support his current wife. The father, rather than his employer, now meets the children’s school fees and they are $346 per week or $18,000 per annum.
-the parties themselves by their agreement in 2003 saw the need to review the child support arrangements with respect to the children. Much has changed since the original orders were made in 2000 including, in particular, the living arrangements that then existed for the children.