Balderas and Sanchez (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Balderas and Sanchez concerning the percentage of care for their child. The applicant, Balderas, sought to have the existing percentage of care determination revoked and a new determination made, arguing that there had been a change to the likely pattern of care.

The Tribunal was required to determine whether a change to the likely pattern of care had occurred and, if so, from what date that change had taken effect. The core legal issue was to assess the evidence presented to ascertain if the established care arrangements had been altered to a degree that warranted a revised assessment of the child support percentage.

In its reasoning, the Tribunal applied the principles governing the assessment of care percentages under the *Child Support (Registration and Collection) Act 1988*. It considered the evidence regarding the actual and intended future care arrangements for the child. The Tribunal found that a change in the likely pattern of care had indeed occurred and determined the correct date from which this change should be applied. Consequently, the Tribunal revoked the existing percentage of care determination and made a new determination reflecting the revised care arrangements from the identified date.