Braithwaite and Braithwaite (Child support)

This matter concerned an appeal to the Child Support Registrar concerning determinations made by the Child Support Agency regarding the percentage of care for the parties' child. The appellant, Ms Braithwaite, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care. The Registrar was required to consider whether the existing determinations should be set aside and substituted, and the date of effect of any new determinations.

The primary legal issues before the Registrar were whether there had been a change to the likely pattern of care, and if so, whether the existing percentage of care determinations should be revoked and new ones made. Further, the Registrar had to determine whether there were special circumstances that prevented the objection being lodged in time, and if so, what date the new determinations should take effect from. The Registrar also considered whether the court orders regarding care had been complied with and if reasonable action had been taken by the parties.

The Registrar found that there had been a change to the likely pattern of care and that the existing percentage of care determinations should be revoked and new determinations made. The Registrar also found that there were special circumstances that prevented the objection being lodged in time, and therefore directed that the new determinations should take effect from a specified date. The Registrar set aside the previous decision and substituted it with new determinations reflecting the changed pattern of care.