Vodden and Nanson (Child support)

The case of Vodden and Nanson concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on whether the costs of a child's education should be considered in a child support assessment, and if so, how those costs should be allocated between the parents. The matter came before a Senior Member of the Child Support Division.

The primary legal issue before the Senior Member was whether the costs associated with the child's education were of a nature that would be expected by both parents, and whether these costs significantly affected the costs of maintaining the child. Furthermore, the Senior Member had to consider the financial resources of both parents in determining whether a departure from the standard assessment was warranted.

The Senior Member reasoned that the costs of education, particularly private school fees, could indeed be considered a cost that both parents would have expected to incur, especially if it was the established educational path for the child. The decision hinged on whether these educational expenses substantially altered the level of child support that would otherwise be payable under the standard assessment formula. The Senior Member applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, focusing on the criteria for a departure determination, including the expectation of both parents and the impact on the child's maintenance costs, while also taking into account the financial capacity of each party.

The Senior Member set aside the original decision and substituted it with a new determination, acknowledging that the costs of education were a relevant factor that significantly affected the costs of maintaining the child and were of a nature expected by both parents, taking into account their respective financial resources.