Salter and Salter (Child support)

The matter of *Salter and Salter* 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 varied to include the costs of private education for the child. The respondent opposed this application. The decision was made by Member K Millar of the Child Support Registrar.

The primary legal issue before the Registrar was whether the costs of private education should be included in the child support assessment. This required the Registrar to consider whether there was a mutual intention between the parents that the child would receive a private education, and if so, whether that intention was formed before or after the child support assessment was made. The Registrar also had to assess the income, property, and financial resources of both parents, including business income, to determine if a departure from the standard assessment was justified.

The Registrar's reasoning focused on the evidence presented regarding the parents' intentions. It was found that while there was a mutual intention for the child to attend private school, this intention was not clearly established as having been formed prior to the making of the child support assessment. The Registrar applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure determinations, particularly the requirement for a demonstrable mutual intention to provide for private education. The Registrar also considered the financial capacity of both parents.

The Registrar set aside the original decision and substituted a new decision, ordering that the child support assessment be varied to include a contribution towards the costs of the child's private education.