Polmans and Polmans (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a child support departure determination. The appeal was brought by the liable parent, Mr Polmans, against a decision of a single judge that had affirmed an earlier assessment by the Child Support Registrar. The dispute centred on whether the costs of the children's education should be considered in the child support assessment, and if so, how those costs should be allocated between the parents.

The primary legal issue before the Full Court was whether the costs associated with the children's private school education were a "necessary expense" for the children, and whether these costs were incurred in a manner that was "expected by both parents" at the time of separation. The court also had to consider whether the financial resources of the liable parent, specifically his business income, were such that the existing child support assessment did not make adequate or proper provision for the children.

The Full Court reasoned that the Registrar and the single judge had erred in their approach to the education costs. It was held that the costs of private schooling, when it was the established practice of the family and consistent with the parents' pre-separation expectations, could be considered a necessary expense. The court emphasised that the relevant consideration was the manner in which the children were being maintained, and whether the costs incurred were in line with the parents' prior arrangements and expectations. The court found that the liable parent's business income was substantial and that the existing assessment did not adequately reflect his capacity to contribute to these costs.

Consequently, the Full Court set aside the decision under review and substituted its own orders. The court determined that a departure from the standard assessment was justified and ordered that the liable parent pay a higher amount of child support to cover a portion of the children's educational expenses.