Kyler and Kyler (Child support)

This matter concerned an appeal by the father, Mr Kyler, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on whether there had been a change to the pattern of actual care of the child, which would warrant a review and potential alteration of the existing percentage of care determinations. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was to determine whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones. This required the court to assess whether the evidence presented established a sufficient change in the pattern of actual care to justify the Registrar's decision. The court also considered the principles governing the assessment of percentage of care under the *Child Support (Registration and Collection) Act 1988* (Cth).

Her Honour Magistrate Webb found that the Registrar had not properly considered the evidence of the pattern of actual care. The court applied the principles that a change in the pattern of care must be substantial and not merely temporary or occasional. The court reviewed the evidence regarding the child's living arrangements and concluded that the Registrar's decision to revoke the existing determinations was not supported by the evidence. Consequently, the court set aside the decision under review and substituted its own determination. The court made new percentage of care determinations based on its assessment of the evidence.