Walcher and Walcher (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the applicant parent, Ms Walcher, against the respondent parent, Mr Walcher. The dispute centred on whether the child support assessment should be departed from due to the income, property, and financial resources of both parents, specifically in relation to school fees that had been considered within a property settlement. The decision was made by Member S Letch of the Child Support Special Powers Division.

The primary legal issue before the court was whether the existing child support assessment should be varied to take into account the financial circumstances of the parties, particularly the impact of school fees previously accounted for in their property settlement. This required the court to consider the provisions of the *Child Support (Registration and Collection) Act 1988* relating to departure determinations and the criteria for varying an assessment based on the parties' financial resources and the specific circumstances of the child.

Member Letch determined that the decision to depart from the assessment was justified. The reasoning focused on the fact that the school fees, which were a significant outgoing for the child, had been factored into the property settlement between the parties. This meant that the existing child support assessment did not adequately reflect the true financial capacity of the parties to meet the child's needs, including the ongoing costs of education. The court applied the principles governing departure applications, finding that the circumstances warranted a departure to ensure the child support payable was just and equitable.

The court set aside the original decision and substituted it with a new determination, effectively varying the child support assessment to reflect the financial realities of the parties, including the impact of the school fees.