Lind and Zetland (Child support)

The case of *Lind and Zetland* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Lind, sought to depart from the child support assessment on the grounds of the high costs of child care. The respondent was Zetland. The matter was heard by S De Bono SM in the Child Support Special Powers Division of the Federal Magistrates Court of Australia.

The primary legal issue before the Court was whether the costs incurred by Lind for the care of the child constituted a "necessary expense" that justified a departure from the standard child support assessment. Specifically, the Court had to determine if these costs were of such a nature and amount that they were not covered by the ordinary provisions of the Child Support Assessment Act and therefore warranted a departure.

The Court considered the evidence presented regarding the significant costs associated with the child's care, including the necessity of employing a nanny due to the child's specific needs and the parents' work commitments. The Court applied the principles of the Child Support legislation, which allows for departure from a child support assessment in certain circumstances, including where the costs of necessary expenses are unusually high. The Court found that the costs of the nanny were indeed a necessary expense and that these costs were not adequately covered by the existing assessment, thus establishing a ground for departure.

The Court set aside the original child support determination and substituted it with a new determination that reflected the higher costs of child care.