Earnshaw and Thornhill (Child support)

The case of *Earnshaw and Thornhill* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the formula assessment of child support to account for the costs of the children's education. The Magistrate, M Martellotta, presided over the matter.

The central legal issue before the court was whether the costs of the children's education were of such a nature that they significantly affected the parents' capacity to maintain the children, thereby justifying a departure from the standard child support assessment. Specifically, the court had to determine if the manner in which both parents expected the children to be educated was a relevant factor in assessing whether the costs were exceptional.

The Magistrate reasoned that the costs associated with the children's education were a significant factor impacting the parents' capacity to maintain them. The court considered the expectations of both parents regarding the children's schooling and concluded that these expectations, when translated into financial commitments, warranted a departure from the formula assessment. The principle applied was that child support assessments should reflect the actual costs incurred and expected by parents in maintaining their children, particularly in relation to significant expenses like education.

The court affirmed the decision to depart from the formula assessment, finding that the criteria for a departure determination had been met.