Romanenko and Yanev (Child support)

The matter of *Romanenko and Yanev* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment departed from due to the significant costs associated with the child's special needs. The respondent, the liable parent, was a company director who drew a salary from his company.

The primary legal issue before the court was whether the costs of the child's special needs significantly affected the cost of maintaining the child, thereby constituting a ground for departure. A further issue was whether the income, property, and financial resources of the liable parent, including any benefits obtained through his directorship beyond his salary, should be considered in the departure determination.

Her Honour, Magistrate Y Webb, found that the costs associated with the child's special needs did indeed significantly affect the cost of maintaining the child, establishing a ground for departure. The court considered the financial position of the respondent, including benefits derived from his company, in its assessment. Consequently, the court set aside the previous decision to depart and substituted its own decision.