Stidolph and Stidolph (Child support)

This matter concerned an appeal by the father, Mr. Stidolph, against a departure determination made by the Child Support Registrar. The dispute centred on whether the Registrar had correctly determined that the father should contribute to the costs of the children's private school education, a cost not ordinarily covered by the child support formula. The appeal was heard by K Buxton M in the Family Court of Australia.

The primary legal issue before the Court was whether the Registrar had erred in finding that the costs of the children's education at a private school were "necessary" and that the parents had "expected" this manner of education for the children, thereby justifying a departure from the standard child support assessment. The Court was required to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) relating to departure determinations, specifically the criteria for departing from the formula assessment, including the impact of the costs on the financial circumstances of the parents and their respective financial resources.

The Court affirmed the Registrar's decision, finding that the evidence supported the conclusion that both parents had, prior to their separation, expected the children to attend private school and that this expectation was a significant factor in their decision-making. The Court noted that the cost of this education significantly affected the maintenance costs of the children and that the financial resources of both parents were sufficient to accommodate this expense. The Registrar's departure determination was therefore upheld.