Mendez and Morton (Child support)

The Federal Circuit Court of Australia considered an appeal concerning child support assessments. The dispute involved the parties, Mendez and Morton, and the percentage of care arrangements for their child. The court was asked to determine whether there had been a change to the likely pattern of care, which would necessitate the revocation of existing percentage of care determinations and the making of new ones.

The central legal issue before the court was the interpretation and application of section 53 of the *Child Support (Assessment) Act 1988* (Cth). Specifically, the court had to determine whether the circumstances warranted a finding that there had been a change to the likely pattern of care, and if so, what the appropriate percentage of care should be. This involved considering whether the parties had taken reasonable action to maintain the existing pattern of care and the implications of any non-compliance with court orders.

The court reasoned that a change in the likely pattern of care had occurred, justifying the revocation of previous determinations. It applied the principles of section 53 of the Act, considering the evidence presented regarding the actual care arrangements and the parties' actions. The court found that the existing determinations were no longer reflective of the child's living arrangements and that an interim period should be applied to account for the transition. The decision under review was set aside and substituted with new percentage of care determinations.