Christie and Mitty (Child support)

The case of Christie and Mitty concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed rate of child support to account for the significant orthodontic costs incurred for the child. The matter came before the court for review of a previous decision.

The primary legal issue before the court was whether the costs associated with the child's orthodontic treatment constituted a ground for departure from the standard child support assessment. Specifically, the court had to determine if these costs were of such a nature and amount that they warranted an adjustment to the child support payable.

The court affirmed the decision under review, finding that the costs of orthodontic treatment for the child did indeed establish a ground for departure. The reasoning applied centred on the principle that significant and necessary expenses related to a child's well-being, which fall outside the scope of a standard assessment, can justify a departure. The court was satisfied that the orthodontic expenses met this threshold.