Ashely and Christy (Child support)

This matter concerned an appeal by Ashley against a departure determination made by the Child Support Registrar concerning the child support payable for their child. Christy, the other parent, had sought the departure determination.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination, specifically concerning the assessment of the income, property, and financial resources of both Ashley and Christy, and whether the costs associated with the child's special needs and education warranted a departure from the standard assessment.

The court reviewed the evidence presented regarding the financial circumstances of both parties and the specific costs incurred for the child's special needs and education. The court found that the Registrar had failed to adequately consider all relevant financial resources and the extent of the costs associated with the child's special needs and education. Consequently, the court set aside the original departure determination and substituted its own decision, which reflected a more accurate assessment of the parties' financial positions and the child's needs.