Stebbins and Kolberg (Child support)

The matter of *Stebbins and Kolberg* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary an existing child support assessment, arguing that the costs of the children's education and orthodontic treatment significantly affected the costs of maintaining the children in a manner that was expected by both parents. The decision was made by M S Brakespeare.

The primary legal issue before the court was whether the costs associated with the children's education and orthodontic treatment constituted special circumstances that warranted a departure from the standard child support assessment. This required the court to consider whether these costs were incurred in a manner that was expected by both parents and whether they significantly affected the costs of maintaining the children.

The court reasoned that the costs of private education and necessary orthodontic treatment, when considered together, could indeed represent special circumstances that significantly impacted the costs of maintaining the children. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure determinations, focusing on whether the expenses were reasonable and aligned with the parents' expectations. The court found that the evidence supported the applicant's claim that these costs were substantial and had not been adequately accounted for in the existing assessment.

The decision under review was varied to reflect the additional costs incurred by the applicant for the children's education and orthodontic treatment.