Stebbins and Stebbins (Child support)

This matter concerned an application by the father, Mr Stebbins, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the child support assessment for the parties' child. The mother, Ms Stebbins, opposed the application. The application was heard by Member S Letch of the Child Support Special Powers Division.

The primary legal issue before the Member was whether the existing child support assessment should be departed from, and if so, on what basis. Specifically, the Member had to consider whether the costs of the child's orthodontic treatment and school fees constituted grounds for departure, and if those grounds were established, what the appropriate departure amount should be.

The Member found that the grounds for departure were established. The evidence presented demonstrated that the child required significant orthodontic treatment, the costs of which were not ordinarily covered by the standard child support assessment. Furthermore, the evidence indicated that the child attended a private school, and the school fees represented a substantial expense that also fell outside the scope of the standard assessment. The Member applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) to determine that these specific, high costs associated with the child's well-being and education warranted a departure from the formula assessment.

The Member set aside the original child support assessment and substituted it with a new assessment that took into account the costs of the child's orthodontic treatment and school fees.