Radley and Verge (Child support)

This matter concerned an appeal by the father, Mr Radley, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the costs of certain expenses, specifically the costs of the children's education and orthodontic treatment, should be taken into account when assessing child support obligations. The appeal was heard by J Thomson M.

The primary legal issue before the court was whether the Registrar had erred in her decision to depart from the standard child support assessment formula. This required the court to consider whether the costs of the children's education and orthodontic treatment were expenses that were "expected by both parents" and whether these costs significantly affected the parents' financial resources, thereby justifying a departure from the formula.

J Thomson M reasoned that the Registrar had correctly identified that the costs associated with the children's education and orthodontic treatment were significant and had a substantial impact on the financial resources of both parents. The court found that these expenses were indeed of a kind that would reasonably be expected by both parents, given the circumstances of the children. Consequently, the Registrar's decision to depart from the standard assessment was upheld.

The court ordered that the Registrar's decision be set aside and substituted with a new determination that took into account the specific educational and orthodontic expenses of the children.