Whelan and Whelan (Child support)

This matter concerned an application by the liable parent, Mr Whelan, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute centred on whether the costs of orthodontic treatment for the child constituted a ground for departure from the assessed child support amount. The case was heard by Judicial Officer Leonard M.

The primary legal issue before the court was whether the specific circumstances of the case, namely the significant and ongoing costs associated with the child's orthodontic treatment, met the criteria for a departure determination under the Act. This required the court to consider whether these costs were necessary, reasonable, and of a nature that justified an adjustment to the standard child support assessment.

Judicial Officer Leonard M found that the costs of orthodontic treatment were indeed a ground for departure. The reasoning applied focused on the principle that child support assessments are intended to be just and equitable, and that exceptional or unforeseen expenses, such as substantial orthodontic work, could create an undue financial burden on the liable parent. The court determined that the expenditure was necessary for the child's health and well-being, and that its magnitude warranted a departure from the usual assessment.

The decision to depart from the assessment was upheld. The previous decision under review was set aside and substituted with a new determination that took into account the orthodontic costs.