Sergeant and Sergeant (Child support)

The matter of *Sergeant and Sergeant (Child Support)* concerned an application to the court for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary a child support assessment, arguing that the costs of the child's education significantly affected the parents' financial circumstances in a way not contemplated by the standard assessment.

The primary legal issue before the court was whether the costs associated with the child's education constituted a ground for departure from the child support assessment. Specifically, the court had to determine if these educational costs were of a nature and amount that were expected by both parents and if they significantly affected the capacity of either parent to support the child.

The court considered the evidence presented regarding the nature and cost of the child's education, assessing whether it aligned with the expectations of both parents at the time of separation. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, focusing on the grounds for departure, particularly the impact of specific costs on the parents' financial positions. The court found that the evidence established that the costs of the child's education did significantly affect the parents' circumstances in a manner not contemplated by the standard assessment.

Consequently, the court varied the child support assessment to reflect the additional costs associated with the child's education.