Claydon and Claydon (Child support)

The case of *Claydon and Claydon* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent, citing the high costs of child care as the primary ground for the departure. The matter came before the court for review of a previous decision.

The central legal issue before the court was whether the costs of child care incurred by the applicant constituted a "special circumstance" that justified a departure from the standard child support assessment. The court was required to consider the criteria for a departure determination as set out in the *Child Support (Registration and Collection) Act 1988* (Cth), specifically whether the costs were not covered by the assessment and were of a nature that warranted a departure.

In reaching its decision, the court applied the principles governing departure determinations, which require a careful balancing of the child support scheme's objectives with the specific circumstances of the parties. The court considered the evidence presented regarding the actual costs of child care and assessed whether these costs were indeed exceptional and not adequately accounted for within the standard assessment. The court found that the high costs of child care were a significant factor that warranted a departure from the assessed amount.

Consequently, the court set aside the previous decision and substituted its own orders, varying the child support payable to reflect the exceptional costs of child care.