Nesbit and Nesbit (Child support)

The matter of *Nesbit and Nesbit (Child support)* concerned an appeal to the Full Court of the Family Court of Australia regarding a child support assessment. The primary dispute revolved around whether the costs associated with the special needs and education of the children should be considered when departing from a child support assessment.

The court was required to determine whether the Registrar's decision to refuse to depart from the child support assessment was erroneous. Specifically, the court had to consider whether the costs incurred by the payee parent for the children's special needs and education constituted a "special circumstance" that warranted a departure from the standard assessment under the *Child Support (Registration and Collection) Act 1988* (Cth).

The Full Court found that the Registrar had erred in law by failing to properly consider the evidence presented regarding the significant costs associated with the children's special needs and education. The court reiterated the principles that departure from a child support assessment is permissible where the costs of meeting the special needs of a child are significantly higher than the costs that would be incurred if the child did not have those special needs. The court also considered the educational costs, noting that while generally not a basis for departure, exceptional circumstances could arise. The court concluded that the Registrar's decision was not supported by the evidence and that a departure was warranted.

The Full Court set aside the decision of the Registrar and substituted an order that a departure from the assessment be made to account for the special needs and educational costs of the children.