Ballas and Kaitz (Child support)

This matter concerned an appeal by the father, Mr Ballas, against a decision of the Child Support Registrar to revoke an earlier assessment of child support and make a new assessment. The dispute centred on the percentage of care attributed to each parent for their child, which directly impacts the child support payable. The appeal was heard by Magistrate S Letch in the Magistrates Court.

The primary legal issue before the Court was whether the Registrar had erred in revoking the initial assessment and making a new one, specifically concerning the determination of the percentage of care. This involved considering whether the pattern of care established by a court order was being followed, and if not, whether the Registrar had sufficient grounds to depart from that order when making a new assessment.

The Magistrate found that the Registrar had correctly identified a significant departure from the care arrangements stipulated in the court order. The evidence indicated that the child was not spending the proportion of time with the father as prescribed by the order, and this deviation was substantial enough to warrant the Registrar's intervention. The legal principle applied was that while court orders regarding care are a significant factor, the Registrar retains the discretion to assess the actual pattern of care and make a new determination if that pattern deviates substantially from the order.

The Court upheld the Registrar's decision to revoke the original assessment and make a new one based on the actual pattern of care observed. Consequently, the father's appeal was dismissed.