Boller and Boller (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a child support departure determination. The parties involved were the mother, Ms. Boller, and the father, Mr. Boller. The dispute centred on the mother's application for a departure determination to increase the father's child support liability, primarily due to the special needs of the child and associated costs.

The court was required to determine whether a ground for departure existed under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider if the child had special needs that attracted additional costs, and if so, whether the father had the capacity to contribute to these costs, as well as to the child's education costs, beyond the amount that would be assessed under the standard child support formula.

Senior Member Freeman applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the grounds for departure. The court found that the child did indeed have special needs that resulted in significant additional expenses. Furthermore, the court assessed the father's financial capacity and concluded that he was able to contribute to these increased costs. Consequently, the court set aside the original decision and substituted its own determination. The final orders reflected an increase in the father's child support liability to account for the child's special needs and education costs.