Aronson and Aronson

In *Aronson & Aronson* [2011] FamCA 334, the Family Court of Australia considered an application by Mr Aronson (the husband) to vary existing child maintenance orders made on 9 April 2008. Ms Aronson (the wife) opposed most of the proposed variations. The dispute centred on whether the circumstances of the children or the parties had changed sufficiently to warrant a variation of the existing orders, particularly concerning the amount of child maintenance payable and the method of payment for certain expenses.

The primary legal issues before the court were whether there had been a material change in the circumstances of the child, the husband, or the wife since the original consent orders were made, justifying a variation of the child maintenance obligations under section 66S of the *Family Law Act 1975* (Cth). Specifically, the court had to determine if the husband's increased financial commitments, including significant school fees for one child attending school overseas and increased costs for other children, warranted a reduction in his monthly maintenance payments. The court also considered the husband's application to amend the orders regarding the payment of school fees and other services for the children, and the wife's opposition to certain proposed amendments.

Justice Le Poer Trench applied section 66S of the *Family Law Act 1975* (Cth), which permits the variation of child maintenance orders if there has been a change in the circumstances of the child, the payer, or the payee, or if the cost of living has changed significantly. The husband presented evidence of substantial increases in school fees for one child, now attending school in Country J, and other associated costs such as uniforms, excursions, and airfares. He also detailed increased costs for the other children, who reside with the wife. The court found the husband's evidence regarding his financial position and the increased costs to be credible and straightforward. Conversely, the wife's claims of increased expenses were not substantiated with comparable detail.

The court ordered that the existing child maintenance payments be suspended and replaced with a reduced monthly payment of BD 900, commencing from 20 December 2010, pending further order. Several amendments were made to the original consent orders concerning the payment of school fees and other services for the children, largely in line with the husband's application, with some modifications to the conditions for payment of non-school related services. The final determination of the husband's application was consolidated with property proceedings scheduled for September 2011, and the costs of the application were reserved to be determined at that final hearing.