Merritt and Polley (Child support)

This matter concerned an appeal by Merritt against a decision of the Child Support Registrar regarding child support payments. The dispute centred on whether the Registrar had erred in refusing to make a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Merritt, sought to have the child support assessment varied on the basis that the costs of child care significantly affected the costs of maintaining the child, and that the existing assessment did not adequately reflect the income, property, and financial resources of both parents.

The primary legal issue before the court was whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* when considering the application for a departure determination. Specifically, the court had to determine if the Registrar had given sufficient weight to the impact of child-care costs on the overall expenses of maintaining the child, and whether the assessment appropriately accounted for the financial circumstances of both Merritt and Polley.

The court found that the Registrar had failed to adequately consider the evidence presented regarding the significant costs associated with child care. It was held that these costs were a material factor that should have been taken into account when assessing the child support liability. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, emphasizing the need for a comprehensive review of all relevant financial factors, including the income, property, and financial resources of both parents, when determining whether a departure from the standard assessment is warranted. The decision of the Registrar was set aside and substituted with a new determination.