Hanchett and Hanchett (Child support)

This matter concerned a dispute between Mr Hanchett and Ms Hanchett regarding the percentage of care for their children. The primary issue was whether the existing percentage of care determinations should be revoked and new determinations made, with Ms Hanchett arguing for a measurement of care in hours rather than nights due to additional daytime care she provided. Mr Hanchett contended that the care arrangement had not changed and that the established six nights per fortnight he provided remained the appropriate basis for calculation.

The court was required to determine whether the existing percentage of care, based on nights, accurately reflected the actual care arrangements for the children, or if a measurement based on hours was more appropriate. This involved considering the provisions of section 54A of the Child Support (Registration and Collection) Act 1988, which outlines the calculation of care based on nights, and the guidance provided in the Child Support Guide regarding when care might be measured in hours. The court had to assess whether the additional daytime care provided by Ms Hanchett warranted a departure from the standard night-based calculation.

The court noted evidence from third parties supporting Mr Hanchett's assertion of providing care for six nights per fortnight, with this arrangement being consistent over time. While acknowledging that the number of nights is generally the preferred method for calculating care percentages, the court also recognised that there are circumstances where counting nights alone may not accurately reflect the caring arrangements. The Child Support Guide permits the calculation of care in hours if it better represents the pattern of care, particularly in situations where one parent provides significant daytime care in addition to overnight care. The court's decision would depend on the specific facts and whether the additional daytime care provided by Ms Hanchett was substantial enough to justify a deviation from the night-based calculation, even if it resulted in a different care percentage.