Klein and Klein (Child support)

This matter concerned an appeal by the father, Mr Klein, against a decision of the Child Support Registrar. The dispute centred on the percentage of care each parent provided for their two children, which directly impacts the child support payable. The Registrar had previously revoked existing percentage of care determinations and made new ones, a decision the father sought to have set aside.

The primary legal issue before the court was whether there had been a change in the pattern of care for the children sufficient to warrant the revocation of existing percentage of care determinations and the making of new ones. The court was required to assess the evidence presented regarding the day-to-day care and responsibilities undertaken by each parent.

The court affirmed the Registrar's decision, finding that the evidence demonstrated a significant and ongoing change in the pattern of care provided by the parents. This change met the threshold for revoking the previous determinations and making new ones that accurately reflected the current care arrangements. The legal principle applied was that percentage of care determinations should reflect the reality of the children's living arrangements, and when those arrangements change substantially, the determinations must be updated accordingly.