Dawber and Dawber (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant parent, Ms. Dawber, against the respondent parent, Mr. Dawber. The dispute centred on whether the costs associated with the children's education constituted a ground for departure from the assessed child support amount.

The primary legal issue before the court was whether the costs of the children's education were of such a nature that they significantly affected the capacity of either parent to support the children, thereby establishing a ground for departure under section 117(2)(a)(i) of the Act. The court was required to determine if the manner in which the parents expected the children to be educated was a significant factor in the cost of maintaining the children.

Senior Member R Ellis found that the evidence established that the costs of the children's education were significant and that these costs were directly related to the manner in which both parents expected the children to be educated. Consequently, the court determined that a ground for departure was established. The Senior Member concluded that it was appropriate to depart from the assessment.

The Senior Member set aside the original decision and substituted it with a new decision to depart from the assessment.