McKague and McKague (Child support)

This matter concerned an application by the father, Mr McKague, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the child support assessment for the parties' child. The mother, Ms McKague, opposed the application. The dispute centred on whether the father had established grounds for a departure from the standard assessment, specifically relating to the special needs of the child.

The primary legal issue before the Tribunal was whether the existing child support assessment was just and equitable, and if not, whether a departure was warranted on the ground of the special needs of the child. This required the Tribunal to consider the nature and extent of the child's needs, the costs associated with meeting those needs, and the capacity of each parent to contribute to those costs, having regard to their respective earning capacities.

The Tribunal found that the child had been diagnosed with Autism Spectrum Disorder Level 2, necessitating ongoing psychological therapy and other support services. The evidence presented demonstrated significant costs associated with these therapies, which were not adequately met by the standard child support assessment. The Tribunal applied the principles of section 117 of the *Child Support (Registration and Collection) Act 1988*, considering whether the departure would be just and equitable. It was satisfied that the child's special needs constituted a ground for departure, and that the father's earning capacity was relevant to determining the appropriate level of departure.

The Tribunal set aside the existing child support assessment and substituted a new assessment that took into account the child's special needs and the parents' respective capacities to contribute.