Godfrey and Sherman (Child support)

The case of Godfrey and Sherman (Child Support) concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the assessment of child support obligations between the parties, with one party seeking a departure from the standard assessment. The matter was heard by W Kennedy M.

The primary legal issue before the court was whether the income, property, and financial resources of the parents, specifically the high costs of child care, constituted a ground for departure from the child support assessment. The court was required to determine if these circumstances were exceptional enough to warrant an adjustment to the statutory child support formula.

In reaching its decision, the court considered the evidence presented regarding the financial circumstances of both parties and the significant expenses incurred for child care. The court affirmed that the high costs of child care, when demonstrably exceeding what would be considered reasonable in the context of the standard assessment, could establish a ground for departure. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* concerning departure determinations, focusing on whether the existing assessment would be inequitable without adjustment due to the exceptional costs. The decision under review, which had granted a departure, was affirmed.