Moss and Naden (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a child support assessment. The parties, Moss and Naden, disputed the percentage of care attributed to each parent for their child. The core of the dispute revolved around whether a significant change had occurred in the likely pattern of care for the child, which would trigger a child support terminating event.

The Full Court was required to determine two primary legal issues. Firstly, whether the Registrar's decision that there had been a change to the likely pattern of care was correct. Secondly, whether this change constituted a child support terminating event under the relevant legislation.

The Court affirmed the Registrar's decision. It reasoned that the evidence demonstrated a substantial and ongoing shift in the child's living arrangements, resulting in a new pattern of care that was likely to continue. This shift met the threshold for a change in the likely pattern of care, thereby constituting a child support terminating event. The Court applied the principles established in previous case law concerning the interpretation of "change in the likely pattern of care" and "terminating event" within the framework of the *Child Support (Registration and Collection) Act 1988*.