Sosa and Sosa (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The parties, referred to as Sosa and Sosa, were in dispute over the percentage of care arrangements for their child. The applicant sought to revoke existing percentage of care determinations.

The primary legal issue before the Court was whether there had been a change to the likely pattern of care for the child that would warrant the revocation of the existing percentage of care determinations. The Court was required to assess the evidence presented to determine if the Registrar’s original decision was correct.

The Court found that there was no evidence to support a change in the likely pattern of care. Applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988*, the Court determined that the Registrar’s decision to refuse to revoke the existing percentage of care determinations was not justified. Consequently, the Court set aside the decision under review and substituted its own decision.