Herdman and Catleugh (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The appeal was brought by the father, Mr Herdman, against the mother, Ms Catleugh, concerning the assessment of child support payable for their two children. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the children, which would necessitate a reassessment of the percentage of care attributed to each parent.

The primary legal issue before the Court was whether the Registrar had erred in affirming the previous assessment of child support, which was based on a finding that there had not been a change to the likely pattern of care. Specifically, the Court had to determine if the evidence presented by the father demonstrated a significant and ongoing alteration in the children's living arrangements that would justify a departure from the existing care percentages.

Judge Bakas M affirmed the Registrar's decision, finding that the evidence did not establish a change to the likely pattern of care. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988*, which require a substantial and ongoing change in the pattern of care for a reassessment to be triggered. The father's submissions were found to be insufficient to demonstrate such a change, and therefore, the existing assessment remained appropriate.