Stebner and Kreibich (Child support)

This matter concerned an appeal by the father, Stebner, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the costs of the children's private school education should be considered in the child support assessment, and if so, to what extent. The appeal was heard by Magistrate Martellotta.

The primary legal issue before the court was whether the Registrar had erred in refusing to depart from the child support assessment to include the costs of the children's private school education. This required the court to consider whether the costs of the education were a "necessary expense" for the children, whether the manner in which the children were being educated was the manner expected by both parents, and whether the cost of maintaining the children was significantly affected by this educational choice. Furthermore, the court had to assess the financial resources of both parents in determining whether a departure was justified.

Magistrate Martellotta reasoned that the Registrar had failed to properly consider the evidence regarding the parents' mutual expectation of private education for their children. The court found that the cost of this education did significantly affect the cost of maintaining the children and that both parents had the financial capacity to contribute. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Magistrate determined that a departure from the assessment was warranted to reflect the costs of the private schooling.

The Magistrate set aside the Registrar's decision and substituted an order that included a portion of the private school fees in the child support assessment.