Alford and Alford (Child support)

This matter concerned an appeal by the father, Mr. Alford, against a decision of the Child Support Registrar regarding child support payments. The dispute centred on whether the costs of the parties' child's private school education should be considered a "relevant material circumstance" for the purposes of a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The case was heard by Member S Letch in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar had erred in refusing to depart from the assessment of child support. Specifically, the Tribunal had to determine if the costs associated with the child’s private education constituted a ground for departure, as contemplated by section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth), which allows for departure from a child support assessment in certain circumstances. The Tribunal was required to consider whether the manner in which the child was being educated was expected by both parents.

Member Letch reasoned that the Registrar had failed to adequately consider the evidence presented regarding the parents' mutual expectation that the child would attend private school. The Tribunal found that this expectation, coupled with the significant costs involved, constituted a relevant material circumstance that warranted a departure from the standard assessment. The legal principle applied was that the costs of education, when they reflect the shared expectations of both parents, can be a valid ground for adjusting child support obligations under the Act.

Consequently, the Tribunal set aside the Registrar's decision and substituted its own. The Tribunal ordered a departure from the assessment, reflecting the costs associated with the child's private school education.