Lopez and Romer (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the father, Mr Lopez, against the mother, Ms Romer, regarding child support payments for their child. The dispute centred on whether the costs of orthodontic treatment for the child constituted a ground for departure from the usual child support assessment.

The court was required to determine whether the child had special needs that warranted a departure from the standard assessment, specifically whether the orthodontic treatment qualified as a necessary expense arising from such special needs. The court also had to consider whether the costs of this treatment were not otherwise adequately covered by the existing child support assessment.

In reaching its decision, the court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* concerning departure determinations. It found that the child did indeed have special needs due to the significant orthodontic issues requiring extensive and costly treatment. The court reasoned that the standard child support assessment did not adequately account for the substantial expense of this necessary medical intervention. Consequently, the court determined that a departure from the assessment was justified.

The court set aside the original decision and substituted its own, ordering a departure from the assessment to reflect the costs associated with the child's orthodontic treatment.