Gregson and Gregson (Child support)

The case of *Gregson and Gregson* concerned an application for a departure from a child support assessment. The parties involved were the parents of the child, and the dispute centred on whether the existing assessment should be varied to account for the child's special needs. The matter was heard by J Leonard M.

The primary legal issue before the court was whether the costs associated with the child's special needs constituted a special circumstance that warranted a departure from the standard child support assessment under the relevant legislation. This required the court to consider the nature of the special needs, the associated costs, and whether these factors were of such significance as to justify an alteration of the assessment.

J Leonard M affirmed the decision under review, finding that the costs associated with the child's special needs did not meet the threshold for a departure from the assessment. The court applied the principles governing departures from child support assessments, which generally require a significant and demonstrable impact on the capacity of a parent to provide for the child or on the child's needs. In this instance, the court determined that the evidence presented did not establish that the special needs and their associated costs were so exceptional as to justify a departure from the assessment.