Phelps and Phelps (Child support)

The case of *Phelps and Phelps* concerned a dispute regarding the percentage of care arrangements for a child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child. This required the court to assess the evidence presented by the parties concerning the actual care arrangements and to determine if these arrangements constituted a significant and ongoing change from the previously determined pattern.

The court considered the evidence regarding the day-to-day care of the child, including the time spent with each parent and the nature of that care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court determined that a significant change in the likely pattern of care had occurred. Consequently, the court set aside the existing percentage of care determinations and substituted new determinations reflecting the revised care arrangements.