Karlin and Thrasher (Child support)

The case of *Karlin and Thrasher* concerned a dispute over child support payments. The applicant, Karlin, sought to have the existing percentage of care determinations for the children revoked and new determinations made. The respondent, Thrasher, opposed this application. The matter came before the court for review of a decision made by a child support registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the children that would warrant revoking the existing percentage of care determinations and making new ones. A secondary issue arose concerning the date of effect of any new determination, specifically whether the registrar had erred in declining to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988* due to a late application for review, and whether special circumstances existed to permit such a late application.

The court considered the evidence presented regarding the actual and likely future care arrangements for the children. It applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, particularly those relating to changes in the pattern of care and the criteria for making new percentage of care determinations. The court found that the evidence did not establish a sufficient change in the likely pattern of care to justify revoking the existing determinations. Furthermore, the court determined that no special circumstances existed that prevented the application for review from being lodged in time, and therefore, the registrar had correctly declined to make a determination under subsection 95N(2).

The court set aside the registrar's decision regarding the date of effect of the review but upheld the registrar's refusal to make a new percentage of care determination. Consequently, the existing percentage of care determinations remained in place.