Ahmad and Chalmers (Child support)

This matter concerned an appeal by the father, Mr. Ahmad, against a decision of the Child Support Registrar regarding child support payments. The dispute centred on whether the costs of the child's education constituted a ground for departure from the standard child support assessment. The mother, Ms. Chalmers, sought to have the costs of the child's private school education recognised as a reason to depart from the assessed amount. The appeal was heard by Magistrate S Cullimore.

The primary legal issue before the court was whether the costs associated with the child's education were of a nature that would significantly affect the child's or a parent's ability to maintain the child, and whether it was otherwise just and equitable to depart from the assessment. Specifically, the court had to determine if the educational expenses were a "relevant ground" for departure under the *Child Support (Registration and Collection) Act 1988* (Cth), and if so, whether the financial circumstances of both parents warranted an adjustment to the child support assessment.

Magistrate Cullimore reasoned that the costs of private education, when they are a manner expected by both parents, can indeed be a ground for departure if they significantly affect the cost of maintaining the child. The court considered the financial resources of both Mr. Ahmad and Ms. Chalmers. Applying the principles of the Act, the Magistrate found that the educational expenses were a significant factor impacting the cost of maintaining the child and that it was just and equitable to depart from the standard assessment.

Consequently, the decision under review was set aside and substituted with a new determination that took into account the costs of the child's education.