Babu and Kapfer (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Babu and Kapfer concerning the percentage of care for their child. Babu sought to have the existing child support care percentage determination revoked, arguing that a temporary disruption to the usual pattern of care warranted a change.

The AAT was required to determine whether the temporary disruption to the pattern of care constituted a material change in circumstances that justified revoking the existing care percentage determination. Specifically, the Tribunal had to assess whether the disruption was significant enough to alter the child's living arrangements in a way that would necessitate a new assessment of the care provided by each parent.

The Tribunal found that the disruption to the pattern of care was temporary and did not fundamentally alter the long-term care arrangements for the child. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the AAT concluded that a temporary deviation from the usual care routine should not lead to the revocation of an established care percentage determination. The Tribunal reasoned that the existing determination accurately reflected the overall pattern of care, and the temporary circumstances did not meet the threshold for a material change.

Consequently, the AAT set aside the original decision and substituted it with a new decision, upholding the existing care percentage determination and refusing to revoke it.