Maat and Maas (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a child support departure determination. The parties, referred to as Maat and Maas, disputed the extent to which the costs of their children's education should be considered in the child support assessment. The decision under review had previously set aside and substituted an earlier determination.

The central legal issue before the Full Court was whether the costs of the children's education were a manner expected by both parents, and whether these costs significantly affected the financial resources of both parents, thereby justifying a departure from the standard child support assessment. The court was required to consider the application of section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth) in determining whether the existing assessment was not adequate.

The Full Court reasoned that for a departure determination to be made under section 117, the court must be satisfied that the costs of education are a manner expected by both parents and that these costs significantly affect the financial resources of both parents. The court reviewed the evidence presented regarding the parents' expectations for their children's education and their respective financial capacities. The court found that the previous decision had erred in its assessment of these factors. Consequently, the Full Court set aside the previous departure determination and substituted its own, reflecting its findings on the relevant legal principles.