Murphy and Hernandez (Child support)

This matter concerned an appeal by the father, Mr Murphy, against a decision of the Child Support Registrar to revoke an earlier assessment of the percentage of care for the parties' child and to make a new assessment. The appeal was heard by Magistrate Letch in the Magistrates Court. The dispute centred on the Registrar's determination of the pattern of care and its impact on the child support assessment.

The primary legal issue before the Court was whether the Child Support Registrar had erred in revoking the original percentage of care determination and making a new one. This required the Court to consider the evidence presented regarding the actual pattern of care for the child and whether that pattern met the criteria for a change in assessment under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

Magistrate Letch reviewed the evidence concerning the child's living arrangements and the contributions of each parent. The Court applied the principles governing the determination of a child's residence and the circumstances under which a change in the percentage of care could be made. The Magistrate found that the Registrar's decision to revoke the original assessment and make a new one was justified based on the established pattern of care.

The appeal was dismissed, and the Child Support Registrar's decision to vary the percentage of care determination was affirmed.