Llagas and Llagas (Child support)

This matter concerned an application by the mother, Ms Llagas, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on the father's child support liability, with the mother seeking an increase to meet the costs associated with the child's special needs. The decision was made by Member P Jensen of the Child Support Special Circumstances Branch.

The primary legal issue before the Member was whether the existing child support assessment should be departed from on the grounds of special circumstances. Specifically, the Member had to determine if the costs incurred by the mother in maintaining the child, particularly in relation to occupational therapy, constituted a special circumstance that warranted an adjustment to the child support payable by the father.

The Member reasoned that while occupational therapy was recommended for the child, it was not a prescribed treatment or therapy that automatically triggered a departure. The legislation requires a higher threshold for departure, and the evidence presented did not demonstrate that the costs were so exceptional or disproportionate as to meet the criteria for special circumstances. The Member found that the costs of occupational therapy, while significant, did not rise to the level of special circumstances required to depart from the standard assessment.

Consequently, the Member set aside the previous decision and substituted a new decision refusing the departure determination.