Hiang and Smibert (Child support)

The case of *Hiang and Smibert (Child support)* concerned a dispute over the assessment of child support. The primary issue before the court was the percentage of care attributed to each parent, as neither parent had the day-to-day care of the child. Instead, the child was living with her grandmother. The decision under review was therefore subject to variation.

The court was required to determine the correct percentage of care for the purposes of child support assessment in circumstances where the child resided with a third party, namely the grandmother, and neither parent had the primary care responsibilities. This involved considering the application of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) to the factual matrix presented.

Member S Letch applied the principles governing the assessment of child support percentages of care. The court considered the specific arrangements for the child's residence and care, noting that the statutory framework for determining care percentages typically focuses on the arrangements between the parents. In this instance, where neither parent had the requisite level of care to be considered the primary carer, the court had to assess how the legislation applied to the child's living situation with the grandmother. The court ultimately varied the decision under review, reflecting the specific care arrangements.