Chafetz and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered the dispute between Mr Chafetz and the Child Support Registrar concerning the percentage of care attributed to Mr Chafetz for the purposes of a child support assessment. The Registrar had made a decision varying the assessment, which Mr Chafetz sought to have reviewed.

The primary legal issue before the Tribunal was to determine the likely pattern of care for the child from the commencement of the administrative assessment, specifically whether the percentage of care attributed to Mr Chafetz was correct. This involved assessing the evidence presented regarding the actual care arrangements and comparing them to the statutory requirements for establishing a particular percentage of care.

The Tribunal's reasoning focused on the evidence of the parties' living arrangements and the child's routine. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) regarding the determination of care percentages, which requires consideration of the likely pattern of care over a period. The Tribunal found that the evidence did not support the Registrar's initial assessment of the care percentage and that a different percentage was more reflective of the actual circumstances.

The Tribunal varied the decision under review, substituting a different percentage of care for Mr Chafetz.