Mellor and Mellor (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The parties, referred to as Mellor and Mellor, were parents who had separated but were living under the same roof at the time of the administrative assessment of child support. The dispute centred on the percentage of care each parent provided for their child, which directly impacts the child support payable.

The primary legal issue before the Court was to determine the likely pattern of care for the child from the commencement of the administrative assessment, considering the parents' cohabitation. This involved assessing whether the Registrar’s determination of shared care was appropriate in the circumstances.

The Court affirmed the Registrar's decision, finding that a shared care arrangement was appropriate. The reasoning applied was that even though the parents were living together, the evidence indicated a pattern of care that justified a shared care percentage. This approach recognised that cohabitation does not automatically preclude a finding of shared care, and the actual division of responsibilities for the child's wellbeing remains the critical factor.

The decision under review was affirmed.