Karsten and Millstone (Child support)

The case of *Karsten and Millstone* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the assessment of child support obligations between the parties, with particular focus on the income, property, and financial resources of both parents, and the benefits derived from a business. The matter was heard by M Martellotta M.

The primary legal issue before the court was whether to set aside and substitute an earlier decision regarding child support. This required the court to consider the income, property, and financial resources of both parents, as well as the benefits they derived from a business. Additionally, the court had to determine whether the costs associated with the children's private education were relevant to the assessment.

The court's reasoning involved a detailed examination of the financial circumstances of both Karsten and Millstone. It considered the various income streams and assets available to each parent, including those generated by their business interests. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* to determine the appropriate assessment of child support, taking into account the specific financial information presented. The court found that the previous decision was not in accordance with the relevant legislative provisions and the evidence before it.

Consequently, the court set aside the previous departure determination and substituted its own decision, which reflected its findings regarding the parties' financial resources and the children's educational costs.