Maher and Crossman (Child support)

This matter concerned an appeal by the applicant, Maher, 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 and, consequently, whether existing percentage of care determinations should be revoked and new ones made, and from what date such revocation should take effect. The case was heard by Judicial Registrar Leonard M.

The primary legal issues before the court were: firstly, whether the Registrar erred in revoking the existing percentage of care determinations; and secondly, whether the Registrar erred in setting the date from which the revocation of those determinations took effect. The court was required to consider the evidence presented regarding the actual and likely future care arrangements for the child to determine if a material change had occurred.

Judicial Registrar Leonard M found that the Registrar had erred in revoking the existing percentage of care determinations. The reasoning applied was that the evidence did not establish a sufficient change in the pattern of care to warrant such a revocation. Consequently, the Registrar also erred in setting the date from which the revocation was to take effect. The court applied the principles governing the assessment of percentage of care under the *Child Support (Registration and Collection) Act 1988*, focusing on the need for a substantial and ongoing change in the care arrangements.

The decision of the Child Support Registrar was varied. The existing percentage of care determinations were not revoked, and therefore, no new determinations were made on the basis of a change in the pattern of care.