McPherson and Thring (Child support)

McPherson and Thring (Child support) concerned an application to the Child Support Registrar to revoke existing percentage of care determinations. The applicant, McPherson, sought to have the percentage of care for the subject child altered, arguing that there had been a change to the likely pattern of care. The respondent, Thring, opposed this application. The matter came before Member D Tucker of the Child Support Special Powers Division.

The primary legal issue before the Member was whether there had been a change to the likely pattern of care for the child. This required the Member to assess the evidence presented by both parties regarding the actual care arrangements and to determine if these arrangements constituted a "change" in the "likely pattern of care" as contemplated by the relevant provisions of the Child Support (Registration and Collection) Act 1988.

The Member found that the evidence did not establish a change to the likely pattern of care. The Member applied the principles that a change must be significant and likely to be enduring to warrant a revocation of existing determinations. Having concluded that no such change had occurred, the Member refused to revoke the existing percentage of care determinations. The decision under review was therefore affirmed.