Toft and Toft (Child support)

This matter concerned an appeal by the father, Mr Toft, against a departure determination made by the Registrar of the Child Support Agency. The dispute centred on whether the costs of the children's private school education should be taken into account when assessing child support obligations, and if so, to what extent. The appeal was heard by Judicial Registrar Thomson M.

The primary legal issue before the court was whether the Registrar had erred in her decision to depart from the standard child support assessment. Specifically, the court had to determine if the costs of the children's private education were a necessary expense that significantly affected the parents' financial circumstances, and if the Registrar had properly considered the financial resources of both parents in making her determination.

Judicial Registrar Thomson M reasoned that the Registrar's original decision had failed to adequately consider the "manner expected by both parents" in relation to the children's education. The court found that the costs of private schooling were a significant factor affecting the parents' financial resources and that the Registrar had not given sufficient weight to the father's capacity to contribute to these costs. The legal principle applied was that a departure determination requires a careful balancing of the children's needs, the parents' financial capacities, and the expectations they have jointly established for their upbringing.

The court set aside the original departure determination and substituted its own. The substituted order reflected a revised child support assessment that took into account the costs of the children's private education, with a contribution from both parents based on their respective financial resources.