Ketchum and Ferko (Child support)

The case of *Ketchum and Ferko* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Ms. Ketchum, sought to have the child support assessment departed from to account for the orthodontic expenses of the child. The respondent was Mr. Ferko. The matter came before the court for review of a previous decision.

The primary legal issue before the court was whether the existing child support assessment should be departed from due to the special needs of the child, specifically the orthodontic expenses incurred. The court was required to consider whether these expenses constituted a "special circumstance" that warranted a departure from the standard assessment provisions.

The court affirmed the decision under review, finding that no ground for departure had been established. The reasoning applied focused on the interpretation of "special needs" within the context of the *Child Support (Registration and Collection) Act 1988*. The court determined that while orthodontic expenses can be significant, they did not, in this instance, meet the threshold for a departure determination as they were not considered a "special need" in the manner contemplated by the legislation. The court applied the principles established in previous case law regarding the criteria for departing from child support assessments, emphasizing that the expenses must be exceptional and not merely represent a higher than usual cost of living.