Nolan and Nolan (Child support)

The case of *Nolan and Nolan (Child support)* concerned a dispute between the parties regarding the percentage of care for their child. The applicant sought to have existing percentage of care determinations revoked and new determinations made. The court was asked to consider whether there had been a change to the pattern of care that would warrant such a revocation and redetermination.

The primary legal issue before the court was whether the circumstances constituted a "change of circumstances" as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth). This involved an assessment of the factual pattern of care and whether it had altered sufficiently to justify departing from the existing, registered percentage of care. The court also had to consider the limitations on making interim care determinations.

The court affirmed the decision under review, finding that the evidence did not establish a sufficient change in the pattern of care to warrant revoking the existing determinations and making new ones. The court applied the principles governing changes of circumstances in child support matters, emphasising the need for a substantial and ongoing alteration to the care arrangements. The court noted that no interim care determination could be made in the circumstances presented.