Malghum and Greaves (Child support)

The matter of *Malghum and Greaves* concerned an application for a departure determination under the *Child Support (Assessment) Act 1989* (Cth). The applicant sought to have the child support assessment varied on the basis of the liable parent's income, property, and financial resources, and the special needs of the child. The decision was made by P Noonan M.

The primary legal issue before the court was whether the costs associated with the child's special needs significantly affected the cost of maintaining the child, thereby establishing a ground for departure from the standard child support assessment. The court was required to consider the provisions of section 98F of the *Child Support (Assessment) Act 1989* in determining if the threshold for a departure determination had been met.

The court reasoned that while the child did have special needs, the evidence did not demonstrate that the costs incurred in meeting those needs significantly impacted the overall cost of maintaining the child. Applying the principles of section 98F, the court found that no ground for departure was established. Consequently, the court refused to make a departure determination. The decision under review was set aside and substituted with the court's own determination.