Isaac and Isaac (Child support)

The matter of *Isaac and Isaac (Child Support)* concerned an appeal to the court regarding a child support departure determination. The primary dispute revolved around whether the costs of a child's education should be considered in the assessment of child support payments, and if so, how those costs should be factored in, particularly when the manner of education was expected by both parents. The decision was made by R Anderson M.

The court was required to determine two key legal issues. Firstly, whether the costs associated with the child's education constituted a relevant factor for a departure determination under the *Child Support (Registration and Collection) Act 1988*. Secondly, if such costs were relevant, the court had to consider whether the financial resources of both parents were such that the cost of maintaining the child was significantly affected by the educational choices made.

In reaching its decision, the court applied the principles governing departure determinations, focusing on whether the existing child support assessment was unjust or inequitable given the specific circumstances. The court reasoned that the costs of education, particularly when aligned with the expectations of both parents, could indeed significantly affect the cost of maintaining the child. The financial capacity of each parent was a crucial consideration in determining whether a departure from the standard assessment was warranted to account for these educational expenses. The court ultimately set aside the original decision and substituted its own determination.