Fontaine and Cuthbert (Child support)

The case of Fontaine and Cuthbert (Child support) concerned an appeal to the court regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on the costs associated with the child's education, specifically whether these costs were incurred in a manner that both parents would have been expected to maintain had they been together. The decision under review, which had been made by the Registrar, was being challenged by the parties.

The primary legal issue before the court was whether the Registrar had erred in their assessment of the child's educational costs. This involved determining whether the specific educational expenses were of a kind that both parents, considering their respective incomes and financial resources, would have reasonably expected to provide for the child if they had remained in a relationship. The court also had to consider the nature of the parents' income, including any business income, in its assessment of their financial capacity.

In reaching its decision, the court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure determinations. The court analysed the evidence presented regarding the child's schooling and the financial circumstances of both Fontaine and Cuthbert. It considered the established legal tests for determining whether a departure from the standard child support assessment was warranted based on the specific educational costs and the parents' capacity to meet them. The court found that the Registrar's decision was not supported by the evidence and that the manner in which the educational costs were incurred was not one that both parents would have been expected to maintain. Consequently, the court set aside the Registrar's decision and substituted its own determination.