Sproson and Sproson (Child support)

This matter concerned an appeal by the father, Mr Sproson, against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children. The dispute centred on whether there had been a change to the likely pattern of care for the children, which would justify a revocation of existing percentage of care determinations and the making of new ones. The appeal was heard by R Anderson M.

The primary legal issue before the court was whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones, based on the evidence presented regarding the pattern of care for the children. This involved an assessment of whether the Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the likely pattern of care.

The court found that the Registrar had failed to properly consider all relevant evidence when determining that there had been a change to the likely pattern of care. Specifically, the Registrar had not given sufficient weight to the father's evidence regarding his ongoing involvement and the children's established routine. The court applied the principles that a change in the likely pattern of care must be substantial and likely to continue, and that all relevant evidence must be considered. Consequently, the court set aside the Registrar's decision and substituted its own determination regarding the percentage of care.