Clemons and Clemons (Child support)

This matter concerned an appeal by the father, Mr Clemons, against a decision of the Child Support Registrar concerning the percentage of care he provided for the parties' child. The dispute arose from the Registrar's determination that there had been a change to the likely pattern of care, leading to the revocation of existing percentage of care determinations and the making of new ones. The father sought to have these new determinations set aside.

The primary legal issue before the court was whether the Registrar had erred in finding that there had been a change to 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* (Cth).

The court found that the Registrar had not properly considered the evidence of the father's ongoing and consistent care for the child. It was held that the Registrar's conclusion that there had been a change to the likely pattern of care was not supported by the evidence, as the arrangements remained substantially the same. The court applied the principles that a change in the pattern of care must be significant and likely to continue, and that the Registrar must have regard to all relevant circumstances. Consequently, the court set aside the Registrar's decision and substituted its own determination regarding the percentage of care.