Drohan and Murrell (Child support)

This matter concerned an application by the father, Mr. Drohan, to set aside a departure determination made by the Registrar of the Child Support Agency. The Registrar had previously determined that the mother, Ms. Murrell, was entitled to a departure from the standard child support assessment, specifically to account for the special needs of the child, namely significant orthodontic expenses. The father sought to have this determination reviewed by the Child Support Assessment Review Board.

The primary legal issue before the Board was whether the Registrar's decision to depart from the formula assessment was justified. This required the Board to consider whether the child had special needs that were not covered by the standard assessment, and if so, whether it would be just and equitable to make a departure. The Board also had to consider the earning capacity and income of both parents in determining the appropriate level of child support.

The Board found that the child did indeed have special needs due to the significant orthodontic treatment required, which was not adequately addressed by the standard assessment. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Board determined that it was just and equitable to depart from the formula assessment to ensure the child's needs were met. The Board considered the financial circumstances of both parties, including their respective incomes and earning capacities, to arrive at a fair revised assessment.

The Board set aside the Registrar's departure determination and substituted its own, ordering a revised child support payment from the father to the mother.