Cortes and Dodman (Child support)

The case of Cortes and Dodman (Child support) concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the grounds of the respondent's income and financial resources, and the proper needs of the children, specifically relating to the costs of private school fees. The matter came before the court for review of a previous decision.

The central legal issue before the court was whether the existing child support assessment should be departed from. This required the court to consider whether the respondent possessed income and financial resources beyond that taken into account in the assessment, and whether the children's proper needs, particularly the expense of private schooling, warranted an adjustment to the assessment.

In reaching its decision, the court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. The court considered the evidence presented regarding the respondent's financial capacity and the actual costs incurred for the children's education. The court found that the circumstances warranted a departure from the standard assessment, taking into account the respondent's capacity to contribute to the private school fees.

The court set aside the previous decision and substituted its own orders, which included a revised child support assessment to reflect the costs of the private school fees.