Wilbor and Wilbor (Child support)

This matter concerned an appeal by the father, Mr Wilbor, against a decision of the Child Support Registrar concerning the percentage of care for the parties' two children. The Registrar had determined that the father had a 65% care responsibility for the children, which resulted in the mother, Mrs Wilbor, being liable to pay child support. The father sought to have this percentage of care determination reviewed, arguing that there had been a change to the likely pattern of care.

The primary legal issue before the court was whether the Registrar had erred in their assessment of the percentage of care. Specifically, the court was required to determine if there had been a change to the likely pattern of care since the last assessment, and if so, what the new percentage of care should be. The court also considered whether the Registrar’s decision was affected by an error of law or fact, or was otherwise unjust.

The court found that the Registrar had failed to adequately consider evidence presented by the father regarding a significant change in the children's living arrangements and the father's increased involvement in their daily care. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, particularly concerning the assessment of a "change in the likely pattern of care." The court determined that the existing percentage of care determinations were no longer reflective of the actual care arrangements and that a new determination was warranted.

The court set aside the Registrar's decision and substituted a new percentage of care determination, finding that the father had a 65% care responsibility for the children. Consequently, the mother was no longer liable to pay child support.