Maguire and Maguire (Child support)

This matter concerned an appeal by the father, Mr Maguire, against a decision of the Child Support Registrar. The Registrar had revoked existing percentage of care determinations and made new determinations regarding the care of the parties' child. The father sought to have these new determinations set aside.

The primary legal issue before the court was whether there had been a change to the likely pattern of care of the child, which would justify the revocation of existing percentage of care determinations and the making of new ones. The court was required to consider the evidence presented regarding the actual care arrangements and the likely future care arrangements for the child.

The court affirmed the decision of the Child Support Registrar. It found that the evidence supported a conclusion that there had been a significant and ongoing change to the likely pattern of care. This change was sufficient to warrant the revocation of the previous percentage of care determinations and the making of new determinations that accurately reflected the current and anticipated care arrangements for the child. The court applied the principles governing changes to percentage of care determinations under the relevant child support legislation.