Every and Every (Child support)

The Full Court of the Family Court of Australia considered an appeal by the father against a departure determination made by the Child Support Registrar. The dispute concerned whether the costs of the children's private school education should be considered in the assessment of child support. The father argued that these costs significantly affected the manner in which the children were being maintained, and that this constituted a ground for departure from the standard child support assessment.

The primary legal issue before the Full Court was whether the Registrar had erred in law by failing to properly consider the evidence regarding the costs of the children's education and its impact on the parents' expected standard of living. Specifically, the court had to determine if the Registrar had correctly applied the principles under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) when assessing whether the costs of education were a factor that significantly affected the child support assessment.

The Full Court found that the Registrar had failed to give adequate weight to the evidence presented by the father concerning the private school fees and associated costs. The court reiterated that where the costs of education are substantial and were an expectation of both parents prior to separation, and these costs significantly affect the child support assessment, a departure determination may be warranted. The Full Court concluded that the Registrar’s decision was affected by an error of law and that the departure determination should have been made.

The Full Court varied the decision under review, remitting the matter to the Child Support Registrar for redetermination in accordance with the Full Court's reasons.