Stinson and Gilpin (Child support)

The case of *Stinson and Gilpin* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the child support assessment to include the costs of private education for the child. The dispute centred on whether the parents had a mutual expectation that the child would receive a private education and whether the financial resources of both parents supported such an expectation. The matter was heard by Member Douglas M.

The primary legal issue before the court was whether the existing child support assessment should be departed from to account for the costs of private schooling. This required the court to consider two key elements: firstly, the existence of a mutual expectation between the parents that the child would attend a private school, and secondly, the capacity of both parents to meet the financial obligations associated with such an education, taking into account their respective financial resources.

Member Douglas M found that a mutual expectation for the child to attend a private school had been established. The court considered the parents' past conduct and communications, which indicated a shared understanding and intention regarding the child's education. Furthermore, the court assessed the financial circumstances of both Stinson and Gilpin, determining that their financial resources were sufficient to support the costs of private education. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court concluded that the departure provisions were enlivened.

The decision under review was set aside and substituted with a new determination that included the costs of the child's private education.