Shovelton and Shovelton (Child support)

The matter of *Shovelton and Shovelton* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary an existing child support assessment, arguing that certain costs were not adequately accounted for. The decision was made by M Douglas M.

The primary legal issue before the court was whether the costs associated with the children's education, specifically orthodontic expenses, constituted a significant change in the costs of maintaining the children, thereby establishing a ground for departure from the standard child support assessment. The court was required to determine if these expenses were incurred in a manner expected by both parents and if it would be just and equitable to depart from the assessment.

The court found that the orthodontic expenses were a significant cost of maintaining the children and that these expenses were incurred in a manner that both parents would have expected. Consequently, the court determined that a ground for departure was established and that it was just and equitable to depart from the assessment. The decision under review was therefore varied.