Arnold and Hardcastill (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the applicant, Ms Arnold, against the respondent, Mr Hardcastill, concerning the child support payable for their two children. The application was heard by Senior Member Longo.

The primary legal issue before the court was whether the special needs of the children constituted a ground for departure from the usual child support assessment. Specifically, the court had to determine if the costs associated with these special needs were so excessive as to warrant a departure from the formula amount of child support.

Senior Member Longo found that the evidence presented established that the children had special needs that resulted in significant additional expenses for Ms Arnold. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit departure from a child support assessment where the costs incurred by a parent in meeting the special needs of a child are excessive. The court reasoned that the established expenses demonstrably exceeded what would ordinarily be expected for the children's care and maintenance, thereby satisfying the criteria for a departure determination.

The court set aside the original departure determination and substituted its own decision, ordering a departure from the assessment to reflect the actual costs incurred by Ms Arnold in meeting the children's special needs.