Fearon and Newey (Child support)

The case of *Fearon and Newey* concerned a dispute over the percentage of care for two teenage children, which directly impacted the child support assessment. The applicant sought to vary the existing percentage of care arrangements, arguing that the children's living arrangements had changed. The matter came before Member R Prasad of the Child Support Special Powers Division.

The central legal issue before the court was whether there had been a "change in the pattern of care" of the children, as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth). This required the court to determine if the children's living arrangements had altered sufficiently to warrant a reassessment of the percentage of care attributed to each parent. The court also had to consider the weight to be given to conflicting evidence, particularly where there were no independent third-party statements to corroborate the claims of either party.

Member R Prasad reasoned that the unpredictable nature of older teenagers deciding where they would stay, often between parents or friends, did not necessarily constitute a change in the *pattern* of care. The court found that minor departures from the established routine, without a significant and consistent shift in the primary residence or care responsibilities, did not meet the threshold for varying the existing assessment. The court applied the principle that a change in pattern requires more than occasional or temporary variations.

Consequently, the court affirmed the decision under review, finding that the applicant had not demonstrated a sufficient change in the pattern of care to justify a variation of the child support assessment.