Appelton and Di Blasio (Child support)

This matter concerned an application by the father, Mr Appelton, to extend a child support assessment beyond the eighteenth birthday of his child, [child's name], and the mother, Ms Di Blasio, sought to oppose this extension. The decision was made by Member A Ryding of the [Court Name].

The primary legal issue before the court was whether exceptional circumstances existed to justify extending the child support assessment beyond the child's eighteenth birthday, specifically in light of the child's alleged mental health issues and full-time secondary education. The court was required to consider the criteria for such an extension under the relevant legislation, including whether the child's continued full-time secondary education was of a nature that justified the extension.

Member Ryding considered the evidence presented regarding the child's mental health and attendance at school. The court applied the principles that exceptional circumstances must be demonstrated to warrant an extension beyond the age of 18. The court found that while the child was undertaking full-time secondary education, the evidence did not sufficiently establish that the nature of this education, or the child's circumstances, met the threshold for exceptional circumstances required by the legislation. The court noted that the level of attendance or the quality of schoolwork were relevant considerations in assessing the justification for an extension.

The decision under review was set aside and substituted. The court ordered that the child support assessment would not be extended beyond the child's eighteenth birthday.