Jaeckle and Jaeckle (Child support)

The matter of *Jaeckle and Jaeckle* concerned an appeal to the court regarding a child support departure determination. The primary dispute revolved around whether the existing child support assessment should be varied due to changed circumstances, specifically concerning the costs associated with maintaining the children.

The court was required to determine whether the grounds for a departure from the standard child support assessment were met. This involved assessing whether the costs of the children's special needs and education significantly affected the cost of maintaining them, and whether the parents' expectations regarding these costs had changed since the original assessment. The central question was whether it would be just and equitable to make a departure from the assessment.

The court found that the costs of maintaining the children were indeed significantly affected by factors not adequately accounted for in the original assessment. It was determined that the parents' expectations regarding the children's education and special needs had not changed, but the actual costs incurred had. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court concluded that it was just and equitable to depart from the assessment. Consequently, the decision under review was set aside and substituted with a new determination.