Sisley and Sisley (Child support)

The matter of *Sisley and Sisley* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent, primarily due to the significant costs associated with dental treatment required by the child. The decision under review was set aside and substituted by the court.

The central legal issue before the court was whether the costs of the child's dental treatment constituted special circumstances that warranted a departure from the standard child support assessment. This required the court to consider the provisions of the *Child Support (Registration and Collection) Act 1988* relating to departure determinations, specifically focusing on whether the expenditure was necessary and reasonable, and if it would result in a significantly different level of support than that provided by the standard assessment.

The court's reasoning focused on the nature and extent of the child's dental needs and the associated expenses. It applied the principles governing departure applications, which require a demonstration that the standard assessment would be unfair or inequitable due to specific circumstances. The court considered evidence regarding the necessity of the dental treatment, the costs incurred, and the capacity of the parties to meet these costs. The court found that the dental expenses were indeed significant and constituted special circumstances justifying a departure from the assessed amount.

Consequently, the court set aside the original child support assessment and substituted it with a new determination that took into account the exceptional dental costs.