Flint and Palfrey (Child support)

The case of *Flint and Palfrey* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the child support assessment for the parties' child, with the applicant seeking to have the assessment varied based on the income, property, and financial resources of both parents, as well as the costs associated with the child's education and special needs. The matter was heard by M Kennedy SM.

The primary legal issue before the Court was whether the existing child support assessment was likely to be `c` `a` `u` `s` `e` `u` `n` `d` `u` `e` `h` `a` `r` `d` `s` `h` `i` `p` or `g` `r` `e` `a` `t` `e` `r` `h` `a` `r` `d` `s` `h` `i` `p` for either parent or the child, having regard to the specific circumstances of the case. This required the Court to consider the financial positions of both parents and the particular expenses related to the child's upbringing, including educational costs and any special needs.

In reaching its decision, the Court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. The Court considered evidence relating to the income, property, and financial resources of both Flint and Palfrey. It also took into account the specific costs incurred and anticipated in relation to the child's education and any special needs the child might have. The Court found that the existing assessment did indeed result in undue hardship.

Consequently, the Court set aside the original child support determination and substituted it with a new assessment that reflected the circumstances found to be relevant to the undue hardship.