Torbett and Elliot (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the respondent parent, Mr Elliot, against a child support assessment made in favour of the applicant parent, Ms Torbett. The dispute centred on whether the costs of the children's education should be considered in a departure from the standard child support assessment.

The primary legal issue before the court was whether the costs associated with the children's education constituted a ground for departure from the child support assessment, specifically under the limb of the legislation concerning the "manner in which the children are expected to be cared for, educated and trained". The court was required to determine if these educational costs significantly affected the costs of maintaining the children.

The court found that the costs of the children's education were a significant factor in the overall cost of maintaining them, and that this was a manner in which both parents had expected the children to be cared for and educated. Consequently, the court determined that a ground for departure was established. The decision under review was therefore set aside and substituted with a new determination that took into account the educational expenses.