Oldfather and Ottley (Child support)

This matter concerned an application by Oldfather to revoke existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to the parties' child. Ottley opposed the application. The decision was made by Ellis SM in the Child Support Special Powers.

The primary legal issue before the Court was whether there had been a change to the likely pattern of care of the child since the last percentage of care determination was made. Specifically, the Court had to determine if the applicant had established that the change in the likely pattern of care was substantial and likely to continue for at least 12 months.

Ellis SM found that the evidence did not demonstrate a change to the likely pattern of care that met the statutory threshold for revocation. The Court applied the principles established in the *Child Support (Registration and Collection) Act 1988*, which require a substantial change in the likely pattern of care for at least 12 months before a revocation can be ordered. The existing percentage of care determinations were therefore affirmed.