Howard and Howard (Child support)

The matter of *Howard and Howard* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the father, the liable parent, and the mother, concerning the significant educational costs of the children. The application was heard by Senior Member A Freeman.

The primary legal issue before the court was whether a ground for departure existed to vary the child support assessment, specifically in relation to the substantial costs associated with the children's education. The court was required to consider the income, property, and financial resources of the liable parent, particularly his business income, in determining whether the existing assessment was unjust or inequitable.

Senior Member Freeman found that a ground for departure did exist, acknowledging the significant educational expenses incurred. The court's reasoning focused on the father's financial capacity, including his business income, and how this impacted the fairness of the current child support assessment. The court determined that a departure from the assessment was warranted to address these educational costs.

Consequently, the court set aside the original decision to depart and substituted its own decision, ordering a variation of the child support assessment to account for the significant educational costs of the children.