Muraco and Muraco (Child support)

The Administrative Appeals Tribunal considered an application by the mother for a change of assessment regarding child support payable by the father. The dispute concerned whether special circumstances existed that would justify departing from the standard child support assessment.

The Tribunal was required to determine whether the mutual expectation of the parties that the children would be privately educated, coupled with the special needs of one child and the hardship that would be caused to the mother if the standard assessment were maintained, constituted special circumstances warranting a departure from the administrative assessment.

The Tribunal found that the parties had a clear mutual expectation that the children would receive a private education, which was a significant factor. Furthermore, the specific needs of one child and the demonstrable financial hardship the mother would face were considered to be exceptional circumstances. Applying the principles for departing from a child support assessment, the Tribunal concluded that it was otherwise proper to make a departure. The decision under review was set aside and substituted with a new assessment reflecting these considerations.