Cowie and Brelsford (Child support)

The case of *Cowie and Brelsford (Child support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute revolved around whether the costs of a child's education and the costs associated with the child's special needs significantly affected the parents' financial circumstances, thereby warranting a departure from the standard child support assessment. The matter was heard by Member K Millar.

The court was required to determine whether the criteria for a departure determination were met. Specifically, it needed to assess if the costs of the child's education and special needs were of a nature that would have been expected by both parents had they been together, and if these costs significantly affected the financial resources of either parent. The court also had to consider the overall financial positions of both parents in making its determination.

Member Millar reasoned that the evidence presented demonstrated that the costs associated with the child's education and special needs were substantial and had a significant impact on the parents' financial resources. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* concerning departure from assessment, focusing on the nature of the expenses and their effect on the parents' capacity to meet their financial obligations. The court found that the circumstances justified a departure from the standard assessment.

The decision to make a departure determination was upheld. The original decision under review was set aside and substituted with a new determination that reflected the significant costs associated with the child's education and special needs, taking into account the financial resources of both parents.