Dashwood and Donelan (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the applicant, Dashwood, concerning the child support payable to the respondent, Donelan. The dispute centred on whether the costs associated with the child’s schooling, specifically school fees, constituted a ground for departure from the standard child support assessment. The case was heard by Member P Jensen of the Child Support Special Powers Division.

The primary legal issue before the court was whether the child’s special needs, as evidenced by the requirement for private schooling and associated fees, justified a departure from the usual child support assessment provisions. The court was required to consider whether these costs fell within the grounds for departure as outlined in the legislation, particularly in relation to the child’s specific needs and the capacity of the parents to meet them.

Member Jensen reasoned that the evidence presented established that the child had special needs that necessitated attendance at a private school, and that the associated fees were a direct consequence of these needs. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), which allows for departure from a child support assessment where it would be just and equitable to do so, considering factors such as the child’s special needs. The court found that the costs of private schooling were a relevant consideration under the Act and that the standard assessment did not adequately account for these expenses.

Consequently, the court set aside the original decision and substituted its own determination, ordering a departure from the standard assessment to reflect the costs associated with the child’s private schooling.