Barnum and Barnum (Child support)

This matter concerned an appeal by the applicant father against a decision of the Social Security Appeals Tribunal (SSAT) concerning child support. The dispute centred on the percentage of care arrangements for the parties' child, with the father seeking to have his percentage of care increased from 35% to 65%. The SSAT had previously revoked existing percentage of care determinations and made new determinations, which the father sought to challenge.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child, and if so, from what date that change should be considered effective for the purposes of child support assessments. The Tribunal was required to determine whether the father's asserted increase in care constituted a significant change that warranted a revision of the existing care arrangements and the associated child support obligations.

The Tribunal considered the evidence presented regarding the actual care arrangements for the child. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care. The Tribunal found that while there had been some fluctuations in care, the evidence did not establish a sustained and significant change to the likely pattern of care that would justify altering the existing percentage of care determinations from the date asserted by the father. The Tribunal noted that the father had not provided sufficient evidence to demonstrate that the new pattern of care was likely to continue for the foreseeable future.

The Tribunal ultimately set aside the SSAT's decision and substituted its own. The father's application for an increased percentage of care was dismissed, and the existing percentage of care determinations were affirmed.