Burbidge and Marnham (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Burbidge and Marnham concerning the percentage of care arrangements for their child. The core of the disagreement lay in whether there had been a change 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 established a material change in the likely pattern of care for the child. This involved assessing whether the existing percentage of care determinations were no longer accurate due to a shift in the actual care arrangements, and if so, what the new percentage of care should be.

The Tribunal affirmed the decision under review, finding that the evidence supported a change in the likely pattern of care. The reasoning applied focused on the practical realities of the child's living arrangements and the extent of each parent's involvement in the child's day-to-day care. The Tribunal considered the principles governing the assessment of percentage of care, which require a consideration of the likely future pattern of care rather than solely past arrangements.