Gould and Gould (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The Registrar had initiated a departure determination, and the case involved the financial resources of both parents and the significant orthodontic costs incurred by one of the children. The decision under review by the court was the Registrar's decision to depart from the assessment.

The primary legal issue before the court was whether the Registrar had erred in her decision to depart from the child support assessment. This required the court to consider whether the grounds for departure were established, specifically in relation to the financial resources of the parents and the exceptional nature of the orthodontic expenses. The court also had to determine if the Registrar's decision to depart was the correct one based on the evidence presented.

The court found that the Registrar had correctly identified that the grounds for departure were established. The reasoning focused on the significant financial burden imposed by the orthodontic treatment, which was considered an exceptional circumstance not adequately accounted for in the standard assessment. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure determinations, weighing the financial capacity of both parents against the necessity and cost of the medical treatment.

Ultimately, the court set aside the Registrar's decision and substituted its own determination. The outcome reflected the court's assessment of the financial realities and the child's needs, leading to a revised child support arrangement.