Wheatcroft and Picone (Child support)

The matter of *Wheatcroft and Picone* concerned an appeal to the Federal Circuit and Family Court of Australia regarding a child support assessment. The applicant sought to revoke an existing child support determination and have a new one made, based on an alleged change in the likely pattern of care for the child.

The primary legal issue before the court was whether the existing child support determination should be revoked and a new one made, pursuant to section 116 of the *Child Support (Registration and Collection) Act 1988* (Cth). This required the court to determine if there had been a change in the likely future pattern of care for the child, and if so, whether that change warranted the making of a new assessment.

Justice Longo considered the evidence presented regarding the proposed care arrangements for the child. The court applied the principles established in child support legislation and case law concerning the assessment of the likely pattern of care. The court found that the evidence supported a change in the likely pattern of care and that the existing determination was no longer appropriate.

Consequently, the court set aside the decision under review and substituted a new determination for the child support payable.