Modi and Moustafa (Child support)

The case of *Modi and Moustafa* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the costs of a child's education, with the applicant seeking to have the child support assessment varied on the basis that these costs were significantly affected by the manner in which the child was being educated and maintained, a manner expected by both parents. The matter was heard by Registrar Ellis SM.

The primary legal issue before the Court was whether the existing child support assessment should be departed from. This required the Court to consider whether the costs of the child's education were significantly affected by the manner in which the child was being educated and maintained, and whether this manner was expected by both parents. The Court also had to assess the income, property, and financial resources of both parents in determining whether a departure was justified.

Registrar Ellis SM reasoned that the costs associated with the child's education were indeed significantly affected by the educational choices made, which were consistent with the expectations of both parents. The Court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* regarding departure from assessments, focusing on the impact of specific expenditures on the child's upbringing and the financial capacity of each parent. The Court found that the criteria for a departure determination were met.

The Court set aside the original decision under review and substituted its own decision, granting the departure determination.