Tanna and Tanna (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant parent, Tanna, against the respondent parent, also Tanna. The dispute centred on the child support payable for the parties' children, with the applicant seeking a variation of the assessed amount. The decision was made by the court.

The primary legal issue before the court was whether a ground for departure existed under section 117 of the *Child Support (Registration and Collection) Act 1988*. Specifically, the court had to determine if the costs of educating the children, in the manner expected by both parents, were significantly affected by the financial resources of both parents, thereby justifying a departure from the standard assessment.

The court reasoned that the financial resources of both parents were relevant to the determination of child support. It found that the costs associated with the children's education, reflecting the expectations of both parents, were indeed significantly affected by these financial resources. Consequently, the court concluded that a ground for departure existed. The court then exercised its discretion to depart from the assessment.

The court made a decision to depart from the child support assessment and varied the decision under review accordingly.