Harker and Harker (Child support)

This matter concerned an appeal by the father, Mr Harker, against a departure determination made by the Child Support Registrar. The dispute centred on whether the costs of the children's education and childcare, which were significantly affected by the parents' respective financial resources, should be considered in the child support assessment. The appeal was heard by W Kennedy M.

The primary legal issue before the court was whether the Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether the costs of the children's education and childcare were of a kind that would be expected by both parents, and whether these costs significantly affected the costs of maintaining the children, thereby justifying a departure from the standard assessment. The court also had to consider the financial resources of both parents in its determination.

The court found that the Registrar had erred in her assessment. It was held that the costs associated with the children's education and childcare were indeed significant and were of a nature that both parents would reasonably expect to incur. Furthermore, the court considered the financial capacity of both parents and concluded that a departure from the standard assessment was warranted to reflect these circumstances. Consequently, the court set aside the original decision and substituted its own orders.