Wall and Wall (Child support)

The case of *Wall and Wall (Child support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the costs of education for the child, and the income and financial resources of the parents, specifically their business income. The decision under review was set aside and substituted by the court.

The primary legal issue before the court was whether to grant a departure from the child support assessment based on the specific costs of the child's education and the financial capacity of the parents. This required the court to consider the income and financial resources of both parents, including income derived from their business interests, in determining the appropriate level of child support.

The court's reasoning focused on the principles governing departure determinations, which allow for adjustments to assessed child support amounts in certain circumstances. The court examined the evidence presented regarding the actual costs incurred for the child's education and assessed the capacity of each parent to contribute to these costs, taking into account their respective incomes and financial resources. The court applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) to determine if the standard assessment was unfair given the specific circumstances of the child's educational needs and the parents' financial positions.

The court set aside the previous decision and substituted its own orders regarding the child support payable.