Racey and Aaberg (Child support)

This matter concerned an appeal by the father, Mr. Racey, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute arose because neither parent was providing care for the child, leading to a revocation of the existing percentage of care determination and the making of a new determination. The appeal was heard by the Federal Circuit Court of Australia.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, which would justify the revocation of the existing percentage of care determination and the making of a new one. This involved an assessment of the circumstances surrounding the child's care arrangements, or lack thereof, and whether these circumstances met the threshold for altering the established care percentage.

The court found that the existing percentage of care determination was no longer reflective of the reality of the child's care arrangements, given that neither parent was providing care. Applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988*, the court determined that the Registrar's decision to revoke the existing determination and make a new one was appropriate. The court reasoned that the absence of care from either parent constituted a significant change in the pattern of care, necessitating a reassessment.

The court set aside the decision under review and substituted it with a new determination reflecting the circumstances.