Hambleton and Hambleton (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding child support assessments. The parties, referred to as Hambleton and Hambleton, were in dispute over the percentages of care attributed to each parent for their child, which directly impacted the child support payable. The decision under review was made by the Child Support Registrar.

The primary legal issue before the Court was whether the Registrar had erred in revoking existing care percentage determinations and making new ones. Specifically, the Court had to consider whether there had been a change to the *likely* pattern of care, and if so, whether this change warranted the revocation and substitution of the previous care percentages, despite no change to the cost percentage. The Court also had to determine if the Registrar had exercised their discretion appropriately in making these determinations.

The Court found that the Registrar had correctly identified a change in the likely pattern of care. Applying the principles outlined in the *Child Support (Registration and Collection) Act 1988*, the Court reasoned that once a change in the likely pattern of care is established, the Registrar has the power to revoke existing determinations and make new ones. The Court was satisfied that the evidence supported the Registrar's conclusion that the new pattern of care was likely to continue for at least 12 months, justifying the change.

Consequently, the Court dismissed the appeal, upholding the Registrar's decision to revoke the existing care percentage determinations and substitute them with new ones based on the altered pattern of care.