Peracca and Peracca (Child support)

The case of *Peracca and Peracca* concerned a dispute over child support payments. The central issue was the percentage of care arrangements for the child, as neither parent had been providing care since 25 June 2023. The decision under review, which had established pre-existing care percentages, was being challenged. The matter came before Member J Thomson.

The court was required to determine whether the pre-existing care percentages remained valid and applicable given the cessation of care by both parents. Specifically, the court had to consider the implications of neither parent having the child in their care on the operative child support assessment.

Member J Thomson reasoned that the pre-existing care percentages were no longer applicable once neither parent had the child in their care. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, which govern the assessment and collection of child support. The cessation of care by both parents meant that the basis for the previous assessment was fundamentally altered.

Consequently, the court set aside the decision under review, finding that the pre-existing care percentages were no longer operative.