Sitwell and Sitwell (Child support)

This matter 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, specifically concerning the costs of their children's education. The decision under review was set aside and substituted by the court.

The legal issues before the court were whether a departure from the child support formula would be just and equitable, and what regard should be had to the various factors, including the needs of the children and the parents' commitments and potential hardship. The court was required to consider the income of both parents, particularly the business income of one parent, and the specific financial contributions and allowances related to the children's education.

The court's reasoning focused on the principle that a departure determination must be just and equitable, considering the fairness to both parents and their children. It examined the evidence presented by both parties, including their Statements of Financial Circumstances (SOFCs). The court noted that the father had not contributed to the children's school fees since October 2019. It also detailed the various DVA education allowances received by the mother for the children and analysed the breakdown of school fees, discounts, and bursaries for the 2020 and 2021 school years. The court found that the mother's reported income was not dissimilar to previous financial years, and she was receiving government benefits including DVA education allowances.