Bennett and Floyd (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by Bennett (the applicant) against Floyd (the respondent). The dispute centred on whether the costs of a child's education should be considered in a child support assessment, and if so, whether those costs significantly affected the child support payable. The application was heard by M Kennedy SM in the Magistrates Court.

The primary legal issue before the Court was whether the costs associated with the child's education constituted a ground for departure from the standard child support assessment. Specifically, the Court had to determine if these costs were incurred in a manner that was expected by both parents and if they significantly affected the level of child support payable.

The Court reasoned that the costs of education, particularly private school fees, could be a valid ground for departure if they were incurred in a manner that both parents expected. The Court found that the evidence presented demonstrated that both parents had anticipated and agreed to the child attending a private school and meeting the associated costs. Consequently, the Court determined that these education costs did significantly affect the child support payable, thereby establishing a ground for departure. The Court set aside the original decision to depart and substituted its own decision.