Sidney and Brackman (Child support)

This matter concerned an application by the father, Sidney, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the child support assessment for his child with the mother, Brackman. The dispute centred on whether the father's payment of private school fees for the child constituted a ground for departure from the standard assessment.

The primary legal issue before the court was whether the child support assessment should be departed from, pursuant to section 117 of the Act, on the basis that the father's payment of private school fees was an expense that should be taken into account. Specifically, the court had to determine if the payment of these fees was an amount that the child support payer (Sidney) was required to pay, or had agreed to pay, for the child's education, and if this obligation or agreement was not already adequately reflected in the assessment.

The court reasoned that the payment of private school fees by the father was a significant expense that was not adequately reflected in the standard child support assessment. It applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, considering the father's financial capacity and the nature of the expense. The court found that the father had established a ground for departure under section 117(2)(a) of the Act, as the payment of school fees represented a necessary expense for the child's upbringing that was not otherwise accounted for in the assessment.

The court set aside the original child support assessment and substituted it with a new assessment that took into account the father's contribution towards the private school fees.