Ming and Ming (Child support)

The matter of *Ming and Ming (Child Support)* concerned an appeal to the court regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988*. The primary dispute revolved around the assessment of child care costs and their impact on the overall cost of maintaining the children, as well as the consideration of the financial resources available to both parents.

The court was required to determine whether the original departure determination had correctly assessed the extent to which the costs of maintaining the children were significantly affected by specific factors, and whether it had adequately taken into account the financial resources of both the applicant and the respondent. The central legal issue was whether the original decision was erroneous in its application of the relevant provisions of the Act concerning departure from the standard child support assessment.

In its reasoning, the court reviewed the evidence presented regarding the child care expenses and the financial circumstances of each parent. It applied the principles established in child support jurisprudence concerning the interpretation of "significantly affected" and the broad discretion afforded to decision-makers when considering parental financial resources. The court found that the original decision had failed to properly weigh all relevant factors, leading to an incorrect assessment. Consequently, the court set aside the original departure determination and substituted its own decision.