Horley and Aldersley (Child support)

The case of *Horley and Aldersley* 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 of the special needs of the child and the costs associated with the child's education. The decision under review was made by the Child Support Registrar.

The primary legal issue before the court was whether the Registrar had erred in refusing to make a departure determination. Specifically, the court had to consider whether the Registrar had properly assessed the evidence regarding the child's special needs and the associated educational expenses, and whether these factors warranted a departure from the standard assessment. The court also considered the income and financial resources of both parents in its determination.

The court found that the Registrar had failed to adequately consider the evidence presented concerning the child's special needs and the significant costs of the child's education. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court determined that these circumstances constituted grounds for a departure from the assessment. The court reasoned that the existing assessment did not adequately reflect the financial reality of meeting the child's specific requirements.

Consequently, the court set aside the decision of the Child Support Registrar and substituted its own decision, ordering a departure from the assessment to account for the special needs and educational costs of the child.