Marchbank and Robson (Child support)

This matter concerned an appeal to the Child Support Registrar regarding a departure determination made by a Senior Child Support Registrar. The appeal was brought by the father, Mr. Marchbank, against the mother, Ms. Robson, concerning the child support payable for their two children. The core of the dispute revolved around whether the costs of the children's private school education should be considered in the child support assessment.

The legal issue before the Senior Child Support Registrar, and subsequently reviewed by the Child Support Registrar, was whether the costs of the children's education at a private school constituted a ground for departure from the standard child support assessment. Specifically, the Registrar had to determine if the manner in which the parents expected to raise the children, including the provision of private education, significantly affected the costs of maintaining the children, thereby justifying a departure.

The Senior Child Support Registrar found that the parents had a shared expectation that the children would attend private school, and that this expectation significantly affected the costs of maintaining the children. This finding established a ground for departure under the *Child Support (Registration and Collection) Act 1988*. The Registrar then exercised their discretion to depart from the assessment, taking into account the specific circumstances of the case. The Child Support Registrar affirmed the decision of the Senior Child Support Registrar, finding no error in the application of the relevant legislative provisions or the exercise of discretion.