Skyes and Skyes (Child support)

The case of *Skyes and Skyes* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the child support assessment to account for school fees incurred for the child. The Senior Member of the court was required to determine whether the grounds for departure were established, and if so, whether to make a departure determination.

The central legal issue before the court was whether the existing child support assessment did not make proper or adequate provision for the child's necessary expenses, specifically in relation to the costs of private schooling. This required the court to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) that permit departure from a child support assessment in certain circumstances, including where the costs of education are significantly different from what would be expected.

The Senior Member found that the ground for departure was established. The court reasoned that the costs associated with the child's private schooling were a necessary expense that was not adequately provided for under the current assessment. The court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth) concerning departure from assessments, focusing on the necessity and reasonableness of the expense in question.

The decision under review was varied to reflect the costs of the child's schooling.