Baumbarger and Baumbarger (Child support)

This matter concerned an appeal by the father, Mr Baumbarger, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute arose following the Registrar's decision to revoke pre-existing care percentages and establish new ones, which the father contended were incorrect.

The primary legal issue before the court was whether the Registrar's decision to revoke the existing care percentages and substitute new ones was justified and properly made in accordance with the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider the criteria for revoking and re-establishing care percentages and whether the evidence before the Registrar supported such a change.

Member Sheck found that the Registrar had erred in revoking the pre-existing care percentages without sufficient evidence or proper consideration of the circumstances. The court applied the principles that decisions regarding care percentages must be based on a thorough assessment of the factual reality of the child's living arrangements and that the Registrar must act in accordance with the legislative framework governing such determinations. The decision under review was therefore set aside.