Forsyth and Ellingham (Child support)

The matter of *Forsyth and Ellingham (Child support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied on the grounds of the high cost of child care and the cost of education. The decision under review was affirmed.

The court was required to determine whether the costs incurred by the applicant in relation to child care and education were of such an amount that they would not have been paid by a reasonable parent in the circumstances of the respondent, and whether these costs were of such an amount that they would not have been paid by a reasonable parent in the circumstances of the applicant. The court also considered whether the costs were of such an amount that they would not have been paid by a reasonable parent in the circumstances of the child.

The court affirmed the decision under review, finding that the costs associated with child care and education did not meet the threshold for a departure determination. The reasoning applied focused on whether the expenses were of a nature and amount that a reasonable parent, in the circumstances of the respondent, would not have paid. The court's analysis did not indicate that the applicant's circumstances or the child's circumstances warranted a departure from the assessed amount.