Gebhard and Ibbott (Child support)

The matter of *Gebhard and Ibbott (Child support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The primary dispute revolved around whether the existing child support assessment should be departed from due to the special needs of the child, specifically the costs associated with the child's education. The decision was made by W Budiselik M.

The court was required to determine whether a ground for departure from the child support assessment was established. Specifically, the court had to consider if the costs of educating the child, as a special need, constituted a sufficient reason to depart from the standard assessment. Furthermore, the court needed to assess the income, property, and financial resources of the liable parent, including their business income, to ascertain if a departure would be just and equitable.

In reaching its decision, the court found that the costs associated with the child's education, given its special needs, did indeed establish a ground for departure. The court considered the financial capacity of the liable parent, including their business income, and concluded that a departure from the assessment was both just and equitable in the circumstances. The decision to depart from the original assessment was affirmed.