Grewcock and Thorne (Child support)

This matter concerned an application by the liable parent, Mr Grewcock, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) regarding child support payable to Ms Thorne. The dispute centred on whether certain orthodontic costs incurred for the child constituted a ground for departure from the assessed child support amount. The case was heard by Senior Member Ellis of the relevant tribunal.

The primary legal issue before the tribunal was whether the orthodontic costs incurred by Ms Thorne for the child met the criteria for a departure determination under section 117 of the Act. Specifically, the tribunal had to consider if these costs were necessary, reasonable, and if the liable parent's contribution to them would be an undue burden. The tribunal also had to determine if the existing child support assessment was no longer adequate to meet the child's needs due to these exceptional circumstances.

Senior Member Ellis reasoned that the orthodontic treatment was a necessary medical expense for the child and that the costs incurred were reasonable given the nature of the treatment. The tribunal found that the liable parent's income and financial resources were such that requiring him to meet a portion of these costs would not constitute an undue burden. Consequently, the tribunal determined that the existing child support assessment was inadequate to meet the child's needs due to these exceptional circumstances. The decision to depart from the assessment was therefore upheld. The tribunal set aside the previous decision and substituted it with a new determination that reflected the orthodontic costs.