Klayman and Mayne (Child support)

This matter concerned an application by the father, Klayman, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning child support payable to the mother, Mayne. The father sought to reduce his child support liability, arguing that the existing assessment was not just and equitable due to the special needs of the children.

The primary legal issue before the court was whether the existing child support assessment should be departed from, pursuant to section 117 of the Act. This required the court to consider whether the father had established a ground for departure, specifically that the children had special needs that warranted additional financial assistance, and whether making a departure determination would be just and equitable.

Member S Irvine found that the father had not discharged the onus of proving that the children had special needs that were not adequately met by the current assessment. The Member noted that while the children had specific medical conditions, the evidence did not demonstrate that these conditions necessitated expenditure beyond what could reasonably be expected to be covered by the existing child support payments and the parties' respective incomes. Consequently, the court determined that it was not just and equitable to depart from the assessment. The application for a departure determination was therefore dismissed.