Eaton and Daniels (Child support)

The case of *Eaton and Daniels* 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 increase the amount payable by the respondent, primarily on the grounds of the costs associated with the children's education. The matter came before the court for review of a previous decision.

The central legal issue before the court was whether the costs of the children's education were of a kind that would have been expected by both parents to be a significant factor in their financial circumstances, and whether these costs significantly affected the costs of maintaining the children. The court was also required to consider the financial resources of the liable parent and whether it would be just and equitable to make a departure from the formula assessment.

The court affirmed the previous decision not to depart from the formula assessment. It reasoned that while the costs of education were a relevant consideration, the applicant had not sufficiently demonstrated that these costs were of a kind that both parents would have expected to be a significant factor, nor that they significantly affected the costs of maintaining the children to the extent required for a departure. Furthermore, the court found that considering the financial resources of the liable parent, it was not just and equitable to make a departure determination.