Tubbs and Tubbs (Child support)

This matter concerned an appeal by the father, Mr Tubbs, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on whether there had been a change in the likely pattern of care for the child, which would necessitate a reassessment of the existing care percentage. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Registrar’s decision to affirm the existing percentage of care was correct, given the father’s assertion of a change in the child’s living arrangements. Specifically, the court had to determine if the evidence presented demonstrated a significant and ongoing alteration to the established pattern of care that would warrant a departure from the Registrar's finding.

The court affirmed the Registrar's decision, finding that the evidence did not establish a change in the likely pattern of care. The Registrar had correctly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* and the principles established in case law, which require a substantial and not merely temporary or occasional change in the pattern of care to justify a reassessment. The father failed to demonstrate that the alleged changes were of a nature and duration that would constitute a new likely pattern of care.