Jarvis and Thompson (Child support)

This matter concerned an appeal by the father, Jarvis, against a departure determination made by the Registrar of Child Support. The Registrar had determined that the father should pay a higher amount of child support than that calculated under the standard formula, due to the significant costs associated with the special needs of the children. The mother, Thompson, sought this departure.

The primary legal issue before the court was whether the Registrar had erred in making the departure determination. Specifically, the court had to consider whether the costs incurred due to the children's special needs significantly affected the costs of maintaining them, and whether the financial resources of both parents were relevant to this assessment. The court was required to review the Registrar's decision to determine if it was justified under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The court found that the Registrar had correctly identified that the costs associated with the children's special needs were substantial and significantly impacted the overall costs of their maintenance. The court affirmed that the financial capacity of both parents is a crucial factor when considering a departure from the standard assessment. Applying these principles, the court concluded that the Registrar's decision to depart from the formula assessment was sound. Consequently, the court set aside the Registrar's original determination and substituted it with its own, upholding the principle that child support assessments should reflect the actual costs of raising children, particularly those with special needs, and the capacity of both parents to contribute.