Sherry and Sherry (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the father, Mr Sherry, against the mother, Ms Sherry. The dispute centred on the child support payable for the parties' child, and specifically whether the father's child support assessment should be departed from due to the costs associated with the child's private school education.

The primary legal issue before the court was whether the father had established a ground for departure from the child support assessment. This required the court to consider whether the costs of the child's education were of such a nature that they ought to be taken into account in determining the child support payable. Specifically, the court had to determine if there was a mutual intention between the parents regarding the manner of the child's education, and if the father's income and financial resources were relevant to this determination.

The court found that a ground for departure was established. It reasoned that the evidence demonstrated a mutual intention between the parents that the child would attend a private school, and that this intention was a significant factor in the decision to enrol the child in such an institution. The court considered the father's income and financial resources in the context of this shared intention and the associated costs. Consequently, the court set aside the original decision under review and substituted its own decision.