Benjaminson and McMorrow (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Benjaminson and McMorrow concerning the percentage of care arrangements for a child. The core of the matter involved whether there had been changes to the likely pattern of care that would warrant a revocation of existing percentage of care determinations and the making of new ones.

The Tribunal was required to determine whether the evidence presented demonstrated a significant and ongoing change in the child's living arrangements that justified altering the established percentage of care. This involved assessing whether the existing determinations accurately reflected the current reality of the child's care and whether the proposed changes were likely to be sustained.

In its reasoning, the Tribunal applied the principles governing child support assessments, particularly those relating to changes in the pattern of care. It considered the evidence of the parties regarding the child's time spent with each parent and evaluated whether these changes were substantial enough to warrant a review and potential alteration of the existing care percentages. The Tribunal ultimately found that the circumstances warranted a change to the determinations. The Tribunal set aside the existing decisions and made new determinations regarding the percentage of care.