Wagner and Wagner (Child support)

The case of *Wagner and Wagner* concerned a dispute over the percentage of care arrangements for a child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, alleging that court orders regarding care had not been complied with and that reasonable action had not been taken to ensure compliance. 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, necessitating a revocation of existing percentage of care determinations and the making of new ones. This involved considering whether the non-compliance with court orders and the failure to take reasonable action constituted a material change in circumstances that warranted a reassessment of the care arrangements under the *Child Support (Registration and Collection) Act 1988*. The court also had to determine whether the interim period provisions were applicable in this instance.

The court affirmed the decision under review, finding that the applicant had not demonstrated a sufficient change to the likely pattern of care. It was held that the existing percentage of care determinations should not be revoked. The court's reasoning focused on the specific factual circumstances presented and the requirements of the relevant legislation regarding changes to care arrangements and the application of interim periods. The court concluded that the Registrar's decision was correct and that no new percentage of care determinations were warranted.