Culver and Culver (Child support)

The matter of *Culver and Culver* 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 child support amount due to the high costs of child care. The decision was made by Magistrate M Martellotta.

The primary legal issue before the court was whether the costs incurred by the applicant for child care constituted a "special circumstance" that justified a departure from the standard child support assessment. The court was required to consider if these costs were of such a nature that they ought to be taken into account in determining the child support payable.

Magistrate Martellotta found that the applicant had established the ground for departure. The court reasoned that the significant expenditure on child care, which was necessary for the applicant to maintain employment and thus contribute financially, represented a special circumstance. The principle applied was that child support assessments should reflect the actual financial realities and needs of the parties and the child, particularly where exceptional costs arise. The court set aside the original assessment and substituted a new determination that took into account the high child care expenses.