Smithson and Smithson (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant parent, Smithson, against the respondent parent, also Smithson. The dispute centred on whether a departure from the administrative assessment of child support was warranted, specifically in relation to the costs associated with the children's education. The decision was made by a Senior Member of the Tribunal.

The primary legal issue before the Tribunal was whether a ground for departure existed under section 117 of the Act. This required the Tribunal to consider whether the assessment of child support was likely to be less than the amount it would be if the assessment were made without regard to certain circumstances, including the income, property, financial resources and earning capacity of both parents, and the child's needs. The Tribunal also had to determine whether, if a ground for departure existed, it was just and equitable to depart from the assessment and, if so, what the departure amount should be.

The Tribunal found that there was no mutual intent between the parties regarding the children's education, which was a significant factor. It considered the income, property, financial resources, and earning capacity of both parents, as well as the specific educational needs of the children. Based on these considerations, the Tribunal concluded that a ground for departure did exist. The Tribunal then exercised its discretion to depart from the administrative assessment.

The Tribunal set aside the decision under review and substituted its own decision. The substituted decision involved a departure from the administrative assessment of child support, reflecting the findings made regarding the circumstances of the parties and the children.