Worton and Worton (Child support)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding a child support assessment. The parties, referred to as the appellant and the respondent, were in dispute over the percentage of care attributed to each parent for their child. The decision under review had altered the child support assessment based on a change in the likely pattern of care.

The primary legal issue before the court was whether the Registrar of the Child Support Agency had erred in varying the child support assessment by changing the percentage of care from 65% to 35% in favour of the appellant. This change was predicated on the Registrar's finding that there had been a change in the likely pattern of care for the child, which would continue for at least the next three months.

The court considered the evidence presented regarding the actual care arrangements for the child. It was found that the Registrar's decision to alter the percentage of care was not supported by sufficient evidence demonstrating a significant and ongoing change in the child's living arrangements. The court applied the principles governing variations to child support assessments, emphasising the need for a substantial and lasting shift in care patterns to justify a change in the assessment. The court found that the evidence did not establish that the child's residence had changed to such an extent that the previous care percentages were no longer accurate.

The appeal was allowed, the decision of the Registrar was set aside, and the original child support assessment was substituted.