Dunfey and Farnsworth (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the liable parent, Mr Dunfey, against the child support assessment made in favour of Ms Farnsworth. The dispute centred on whether certain expenses incurred by Mr Dunfey were necessary for his self-support, and whether the financial resources of both parents warranted a departure from the standard assessment.

The court was required to determine whether the costs associated with orthodontic treatment for the child constituted a necessary commitment for the liable parent's self-support, and if so, whether these costs, when considered alongside the financial resources of both parties, justified a departure from the child support assessment. The court also had to consider the overall fairness of the assessment in light of these factors.

In reaching its decision, the court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. It considered the evidence presented regarding Mr Dunfey's financial circumstances and the nature of the orthodontic expenses. The court affirmed the original decision, finding that the orthodontic costs were not a necessary commitment for the liable parent's self-support in a manner that would warrant a departure from the assessment, and that the financial resources of both parents did not support such a departure.