Simmonds and Simmonds (Child support)

The case of *Simmonds and Simmonds (Child support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the income, property, and financial resources of both parents, and specifically whether the costs associated with the children's private education should be included in the child support assessment. The matter was heard by A Schiwy M.

The primary legal issue before the court was whether to grant a departure from the usual child support assessment formula. This required the court to consider whether the existing assessment was unfair given the particular circumstances of the case, including the financial positions of both parents and the specific costs incurred for the children's education.

In reaching its decision, the court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. The court considered the evidence presented regarding the parents' incomes, assets, and financial resources, as well as the nature and extent of the costs of private education. The court found that the inclusion of these costs was warranted in the circumstances, leading to a departure from the standard assessment.

The court set aside the previous decision and substituted its own orders, reflecting the revised child support assessment that took into account the costs of the children's private education.