Swizer and Swizer (Child support)

This matter concerned an application by the father, Mr. Swizer, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the child support payable to the mother, Ms. Swizer. The dispute centred on whether the existing child support assessment should be varied to account for the costs of the children's education and their special needs. The application was heard by Senior Member R Ellis.

The primary legal issue before the court was whether the circumstances of the case constituted grounds for a departure from the standard child support assessment. Specifically, the court was required to determine if the costs associated with the children's education and their special needs were such that they justified an increase in the annual rate of child support. The court also considered whether there was a mutual intention between the parents to provide for these specific costs.

Senior Member Ellis found that the evidence established a mutual intention between the parties to provide for the children's education and to meet their special needs. The court reasoned that these costs were significant and fell outside the scope of what would ordinarily be considered in a standard assessment. Consequently, the court determined that the grounds for a departure were established. The decision to increase the annual rate of child support to reflect these educational and special needs costs was therefore upheld. The Senior Member varied the decision under review.