Windley and Weller (Child support)

The case of Windley and Weller concerned a dispute over the percentage of care arrangements for a child. The applicants, Windley and Weller, sought to challenge a decision made by the Registrar of the Child Support Agency regarding the percentage of care. The matter came before Judicial Officer Thomson M.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The court was required to assess the evidence presented to determine if the established care arrangements had altered sufficiently to warrant a review and potential modification of the child support assessment.

Judicial Officer Thomson M considered the evidence regarding the actual and prospective care arrangements for the child. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the definition of a "change in the likely pattern of care." The court found that the evidence supported a significant alteration in the established care arrangements, leading to the conclusion that the existing percentage of care determinations were no longer accurate. Consequently, the court determined that the Registrar's decision should be set aside and substituted with new determinations reflecting the changed pattern of care.