Hitchcock and Hitchcock (Child support)

This matter concerned an appeal by the father, Mr Hitchcock, against a departure determination made by the Registrar of the Child Support Agency. The Registrar had determined that the father's child support assessment should be departed from, and a higher amount of child support ordered, due to the special needs of the child. The mother, Mrs Hitchcock, sought to uphold the Registrar's decision.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court was required to consider whether the special needs of the child were such that the existing child support assessment was insufficient to meet them, and whether the father's income and financial resources were such that he could afford to pay a higher amount of child support.

The court reviewed the evidence presented regarding the child's special needs, which included significant medical expenses and the need for specialised equipment and therapies. It also examined the financial circumstances of both parents. The court found that the Registrar had correctly applied the principles of the *Child Support (Registration and Collection) Act 1988*, particularly in assessing whether the existing assessment was inadequate and whether the father had the capacity to pay more. The court was satisfied that the evidence supported the Registrar's conclusion that the child's special needs warranted a departure from the standard assessment.

The appeal was dismissed, and the Registrar's departure determination was affirmed.