Hardwick and Hardwick (Child support)

The case of *Hardwick and Hardwick* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent, citing special circumstances. The matter came before Member D Tucker of the Child Support Special Circumstances Branch.

The primary legal issues before the court were whether the existing child support assessment should be departed from due to special circumstances, specifically relating to the parents' respective incomes and financial resources, and the costs associated with the children's education and their special needs. A further issue arose concerning a request for the recusal of the decision-maker.

Member D Tucker considered the evidence presented regarding the financial positions of both parties and the specific educational and special needs of the children. The Member found that the circumstances warranted a departure from the standard assessment. The request for recusal was also addressed and determined.

The decision under review was set aside and substituted with a new determination reflecting the special circumstances found to exist.