Veevers and Flack (Child support)

This matter concerned an appeal by the father, Mr. Veevers, against a departure determination made by the Child Support Registrar concerning the child support payable to the mother, Ms. Flack. The dispute centred on whether the costs of the children's education should be considered in the assessment of child support, and if so, how those costs should be allocated between the parents. The appeal was heard by Deputy Principal Member P Jensen of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the costs associated with the children's education were a significant factor affecting the costs of maintaining the children, and whether the financial resources of both parents were such that a departure from the standard assessment was warranted. Specifically, the Tribunal had to consider if the education expenses were incurred in a manner that was expected by both parents, and if the Registrar’s decision to depart from the assessment was justified.

Deputy Principal Member Jensen reasoned that the education expenses were indeed a significant factor affecting the costs of maintaining the children, and that these expenses were incurred in a manner that was expected by both parents. The Tribunal found that the financial resources of both parents were relevant to the determination. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the Registrar’s original decision was not justified.

Consequently, the Tribunal set aside the decision under review and substituted it with its own determination, finding that a departure from the assessment was appropriate to account for the education costs.