Kenyon and Hitchens (Child support)

This matter concerned an appeal by the applicant, Kenyon, against a decision of the Child Support Registrar to refuse to revoke existing percentage of care determinations. The respondent was Hitchens. The dispute centred on whether there had been a change to the likely pattern of care for the subject child, particularly in light of the older child leaving the family home.

The primary legal issue before the court was whether the Registrar erred in refusing to revoke the existing percentage of care determinations. This required the court to consider whether the evidence presented demonstrated a sufficient change in the pattern of care to warrant a revocation, and whether the Registrar had properly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in reaching their decision.

Member Dordevic affirmed the Registrar's decision, finding that the evidence did not establish a change to the likely pattern of care that would justify revocation. The court reasoned that the departure of an older child from the home did not, in itself, constitute a change in the care arrangements for the subject child. The existing percentage of care determinations were therefore upheld.