Ridgway and Ridgway (Child support)

This matter concerned an application by the father, Mr Ridgway, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the child support payable to the mother, Ms Ridgway. The dispute centred on whether the existing child support assessment should be departed from due to the significant costs associated with the children's special needs. The decision was made by Senior Member S De Bono of the Child Support Division of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the costs incurred by the mother in meeting the special needs of the children, which significantly affected the cost of maintaining them, constituted a ground for departure from the standard child support assessment. The Tribunal was required to consider the income and financial resources of both parents in determining whether such a departure was warranted.

The Tribunal's reasoning focused on the interpretation of the grounds for departure under the relevant legislation, particularly concerning the impact of special needs on the cost of maintaining children. The Senior Member considered evidence presented regarding the nature and extent of these special needs and the associated expenses. The Tribunal applied the principles that a departure determination requires proof that the costs of maintaining the children are significantly affected by special circumstances, and that the assessment would be unjust or inequitable if it were not departed from. The Tribunal found that the costs associated with the children's special needs did indeed significantly affect the cost of maintaining them, and that the existing assessment was therefore unjust and inequitable.

The Tribunal set aside the original child support assessment and substituted it with a new assessment that took into account the special needs of the children.