Sterling and Sterling (Child support)

This matter concerned an appeal by the father, Sterling, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the costs associated with the child's special needs constituted a ground for departure from the standard child support assessment. The appeal was heard by P Jensen M in the [Court Name].

The primary legal issue before the Court was whether the Registrar erred in refusing to make a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court had to determine if the costs incurred by the father in meeting the child's special needs significantly affected the cost of maintaining the child, thereby establishing a ground for departure.

P Jensen M reasoned that the Registrar had failed to properly consider the evidence presented regarding the significant costs associated with the child's special needs. The Court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth), particularly section 117, which allows for departure from a child support assessment where the costs of maintaining the child are significantly affected by special circumstances, including the costs of a child's special needs. The Court found that the evidence demonstrated these costs did indeed significantly affect the cost of maintaining the child.

Consequently, the decision under review was set aside and substituted with an order that a departure determination be made.