Dalton and Norwood (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by the father, Dalton, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning child support payments payable to the mother, Norwood. The dispute centred on whether the costs associated with the child's orthodontic treatment and participation in higher-level athletics constituted a ground for departure from the usual child support assessment.

The primary legal issue before the Tribunal was whether the child's necessary expenses for orthodontic treatment and higher-level athletics participation were of such a nature that they justified a departure from the standard child support assessment. This required the Tribunal to consider the specific provisions of the *Child Support (Registration and Collection) Act 1988* that permit departures from assessed amounts, focusing on whether these particular expenses fell within the grounds for such a departure.

The Tribunal found that the child's orthodontic treatment was a necessary expense, and the costs associated with higher-level athletics, while not strictly essential, were significant and contributed to the child's well-being and development. Applying the principles for departure determinations, the Tribunal concluded that the combined impact of these expenses was such that the existing assessment did not make adequate or proper provision for the child. Consequently, the Tribunal set aside the original decision and substituted its own, allowing for a departure from the standard assessment to account for these specific costs.