Barrows and Barrows (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a child support departure determination. The parties, referred to as Barrows and Barrows, were in dispute over the assessment of child support obligations, specifically concerning the payment of school fees for their child. The primary issue before the court was whether the Registrar's decision to depart from the standard child support assessment, to include a contribution towards the child's school fees, was correct.

The central legal question before the Full Court was whether the Registrar had erred in finding that the child's school fees constituted a "special circumstance" that justified a departure from the child support assessment provisions under the *Child Support (Registration and Collection) Act 1988* (Cth). The court was required to consider the criteria for a departure determination and whether the specific circumstances of the case met those criteria.

The Full Court affirmed the Registrar's decision, finding that the payment of school fees for the child did indeed constitute a special circumstance. The court reasoned that the obligation to pay school fees was a significant financial commitment that was not adequately accounted for under the standard assessment formula. By upholding the departure determination, the court implicitly applied the principle that child support assessments should reflect the actual costs incurred in raising a child, particularly where those costs are substantial and beyond the ordinary expenses contemplated by the legislation. The court found no error in the Registrar's exercise of discretion.