Leyton and Leyton (Child support)

The case of *Leyton and Leyton (Child Support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988*. The dispute involved the costs of education for the parties' children. The matter was heard by SM J Longo.

The primary legal issue before the court was whether the costs associated with the children's education constituted a ground for departure from the standard child support assessment. Specifically, the court had to determine if these costs were incurred in a manner that was expected by both parents and if they significantly affected the cost of maintaining the children.

SM J Longo found that the costs of the children's education met the criteria for a departure determination. The court reasoned that the educational expenses were incurred in a way that reflected the expectations of both parents and that these expenses had a significant impact on the overall cost of maintaining the children. Consequently, the court concluded that a departure from the assessment was warranted.

The court set aside the previous decision regarding the departure determination and substituted its own decision.