Peradon and Peradon (Child support)

This matter concerned a review of a child support assessment between Mr. Peradon and Ms. Peradon. The dispute centred on whether there were special circumstances warranting a departure from the administrative assessment, specifically in relation to the special needs of one of the children. The case was heard by Senior Member K Dordevic.

The court was required to determine two primary issues. Firstly, whether any of the grounds for departure from the administrative assessment, as outlined in section 117(2) of the relevant Act, existed. Secondly, if a ground for departure was established, whether it would be just and equitable, and otherwise proper, to make a particular determination under Part 7 of the Act. A specific ground for departure considered was subparagraph 117(2)(b)(ia), which relates to the special needs of a child significantly affecting the cost of maintenance in the special circumstances of the case.

The court applied the principles established in *Lightfoot and Hampson* and *Gyselman and Gyselman*. In *Lightfoot and Hampson*, the Full Family Court defined "special needs" as those necessary or desirable for a child's welfare and beyond the scope of the standard child support formula, potentially including disabilities or special talents. *Gyselman and Gyselman* further clarified that "special circumstances" require facts that are out of the ordinary. The court also considered the mother's medical condition and earning capacity, noting it was unreasonable to vary her adjusted taxable income. The father's adjusted taxable income was varied.