Shaw and Goldsmith (Child support)

The matter of *Shaw and Goldsmith* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988*. The applicant sought to depart from the administrative assessment of child support. The decision was made by Member W Budiselik.

The primary legal issue before the tribunal was whether there existed a ground for departure from the child support assessment. Specifically, the tribunal considered whether the costs associated with the child's education, including the choice of a private school and any associated care arrangements, significantly affected the cost of maintaining the child to such an extent that a departure was warranted.

The tribunal's reasoning focused on the lack of evidence presented to support the claim of special needs or that the chosen school was selected due to a specific program addressing such needs. The tribunal found that the educational steps taken by the school were not demonstrably different from those anticipated in a non-private school setting. Consequently, the tribunal was unable to identify a ground for departure based on the child's education. The tribunal also noted that costs of child care were not considered a significant factor affecting the cost of maintaining the child in this instance.

As no ground for departure was established, the application to depart from the administrative assessment was refused, and the original decision under review was affirmed.