Alvey and Sargent (Child support)

This matter concerned an appeal by Alvey (the applicant) against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a revocation of existing percentage of care determinations and the making of new ones.

The primary legal issue before the court was whether the Registrar erred in failing to find that there had been a change in the likely pattern of care for the child. This required the court to consider the evidence presented regarding the actual care arrangements and the projected future care arrangements for the child, and to determine if these constituted a "change" as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The court found that the Registrar had misapplied the relevant legal principles and had not adequately considered the evidence of the changed care arrangements. The court reasoned that the evidence demonstrated a significant and likely ongoing shift in the child's living arrangements, which warranted a reassessment of the percentage of care. Consequently, the court set aside the Registrar's decision and substituted its own determination. The court ordered that the existing percentage of care determinations be revoked and new determinations be made reflecting the changed pattern of care.