Burton and Burton (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning child support. The parties, referred to as Burton and Burton, disputed the percentage of care arrangements for their child. The primary decision under review involved the revocation of existing percentage of care determinations and the making of new determinations.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child. This involved assessing the evidence presented by both parties regarding the actual care arrangements and the anticipated future care arrangements. The Tribunal had to consider whether the circumstances warranted a departure from the existing percentage of care determinations.

In its reasoning, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care percentages. It considered the evidence of both parents regarding the practicalities of the care arrangements and the stability of the child's living situation. The Tribunal weighed the evidence to ascertain the most accurate reflection of the likely pattern of care moving forward.

The Tribunal set aside the decision under review and substituted its own determinations regarding the percentage of care.