Hashemi and Hashemi (Child support)

The matter of *Hashemi and Hashemi* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the child support assessment on the grounds that the costs of the children's education significantly affected the manner in which the children were maintained, and that this manner was expected by both parents. The court was required to consider whether these grounds for departure were established and, if so, whether it was just and equitable to make a departure determination.

A key legal issue before the court was whether a departure determination could be made in favour of a parent who had more than 65% of the care of the child. The court examined the legislative intent and the purpose of the *Child Support (Registration and Collection) Act 1988* in relation to the financial responsibilities of parents and the maintenance of children. The court also considered the financial resources of both parents in assessing the overall circumstances.

The court reasoned that the costs associated with the children's education, being a manner expected by both parents, did indeed significantly affect the cost of maintaining the children. It was found that the existing assessment did not adequately reflect these costs. The court determined that the legislative framework did not preclude a departure determination being made for a parent with a high percentage of care, provided the grounds for departure were met and the court was satisfied that it was just and equitable to do so. The court concluded that the decision under review was erroneous.

The court set aside the previous decision and substituted an order for a departure determination.