Lyashenko and Siremevan (Child support)

This matter concerned an appeal by the father, Lyashenko, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the costs associated with the child's special needs significantly affected the cost of maintaining the child, thereby constituting a ground for departure from the standard child support assessment. The appeal was heard by Magistrate Kennedy SM in the Magistrates Court.

The primary legal issue before the Court was whether the Registrar erred in refusing to make a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court had to determine if the evidence presented established that the costs incurred due to the child's special needs were so significant as to warrant a departure from the assessed child support amount, considering the income, property, and financial resources of both parents.

Magistrate Kennedy SM found that the Registrar had failed to give sufficient weight to the evidence concerning the child's special needs and the associated costs. The Court reasoned that the costs of therapy and specialised equipment were substantial and directly attributable to the child's condition, significantly impacting the overall cost of maintaining the child. Applying the principles of section 117, the Court concluded that these costs constituted a ground for departure. The Court set aside the Registrar's decision and substituted its own determination, ordering a departure from the assessment to account for the special needs costs.