Park and Jarvis (Child support)

This matter concerned an appeal by the father, Mr Park, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on the Registrar's determination of the likely pattern of care for the child and the date from which that decision should take effect. The appeal was heard by Magistrate S Cullimore.

The primary legal issue before the court was whether the Registrar's decision regarding the likely pattern of care was correct, and consequently, whether the assessed child support liability should be varied. This involved an examination of the evidence presented concerning the actual care arrangements for the child and the projected future care arrangements. A further issue was the appropriate date for any revised child support assessment to commence.

Magistrate Cullimore considered the evidence of the parties and the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. The court applied the principles relating to the determination of a "likely pattern of care," which requires an assessment of the care arrangements that are most likely to occur over the relevant period, rather than merely the current or past arrangements. The court found that the Registrar had erred in its assessment of the likely pattern of care, as it had not adequately considered the father's future capacity and intention to provide care.

The court set aside the decision of the Child Support Registrar and substituted its own decision. The revised assessment reflected a different percentage of care for the father, and the court ordered that this revised assessment take effect from the date of the original application to the Registrar.