Keith and Lopex (Child support)

This matter concerned an appeal by Keith against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The appeal was heard by Member S Letch.

The primary legal issue before the court was whether the Registrar had erred in determining that a change to the likely pattern of care had occurred, specifically regarding the day on which care was transferred. The court was required to consider the evidence presented to determine if the existing percentage of care determinations were correctly revoked and if the new determinations accurately reflected the changed care arrangements.

Member Letch considered the evidence regarding the shift in the child's primary residence and the practical implications of this change on the day-to-day care provided by each parent. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to the likely pattern of care, focusing on whether the observed change was substantial and likely to continue. The court found that the Registrar's decision regarding the day of the change of care was not correctly determined.

The decision under review was varied to reflect the court's findings on the correct determination of the change of care day.