Olford and Harloe (Child support)

This matter concerned an application by the father, Mr Olford, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the costs of his child's education. The mother, Ms Harloe, opposed the application. The decision was made by Deputy Principal Member Benk SM of the Child Support Special Powers Division of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the existing child support assessment should be departed from, pursuant to section 117 of the *Child Support (Registration and Collection) Act 1988*, to take into account the costs of the child's private school education. This required the Tribunal to consider the income, property, and financial resources of both parents in determining whether the child's needs for education were not adequately met by the current assessment.

The Tribunal found that a ground for departure was established, specifically that the child's needs for education were not adequately met by the assessment. The Deputy Principal Member reasoned that the costs associated with the child's attendance at a private school were significant and that the existing assessment did not sufficiently account for these expenses. The Tribunal applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, focusing on the child's best interests and the capacity of both parents to contribute to those needs.

The Tribunal set aside the original decision and substituted a new decision. The orders made were that the child support assessment be departed from to reflect the costs of the child's private school education.