Perkins and Perkins (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant parent, Perkins, against the respondent parent, also Perkins. The dispute centred on the costs associated with the child's education, with the applicant seeking to depart from the assessment of child support payable. The decision was made by Senior Member K Dordevic of the Child Support Special Powers Division.

The primary legal issue before the court was whether a ground for departure from the child support assessment had been established, and if so, whether it was just and equitable to make a departure determination. Specifically, the court was required to consider the income, property, and financial resources of both parents in determining whether the existing assessment adequately reflected their respective capacities to meet the child's educational expenses.

The Senior Member found that a ground for departure had been established, having regard to the specific circumstances of the case and the financial positions of both parties. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, particularly those relating to the costs of education and the overall financial circumstances of the parents. The court concluded that the existing assessment was not just and equitable in light of these factors.

Consequently, the Senior Member set aside the original decision to depart and substituted it with a new determination. The specific details of the substituted determination, including the revised child support payable, were not provided in the excerpt.