Nieder and Nieder (Child support)

This matter concerned an appeal by the father, Mr. Nieder, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute arose after the child, who had previously been living with the mother, resumed living with the father. The appeal was heard by Magistrate S. Letch in the Magistrates Court.

The primary legal issue before the court was to determine the correct percentage of care for the child, given the change in living arrangements. This involved assessing whether the Registrar's decision, which had maintained the previous percentage of care, accurately reflected the current reality of the child’s residence.

Magistrate Letch considered the evidence presented regarding the child's living arrangements and concluded that the child had, in fact, resumed living with the father. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care percentages, noting that such assessments must reflect the actual circumstances of the child's residence. The Registrar's decision was found to be based on outdated information and did not accurately reflect the current care arrangements.

The court set aside the decision of the Child Support Registrar and substituted it with a new assessment reflecting the father’s primary care of the child.