Chen and Lin (Child support)

The Administrative Appeals Tribunal (AAT) considered the child support obligations between Chen and Lin concerning their child. The dispute centred on the percentage of care provided by each parent, with the applicant seeking to have existing determinations revoked and new ones made, alleging a change in the likely pattern of care.

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 if the evidence supported a revocation of existing care percentage determinations and the making of new ones.

The Tribunal affirmed the decision under review, finding that the evidence did not establish a change to the likely pattern of care that would warrant the revocation of existing determinations. The Tribunal applied the principles governing child support assessments, focusing on the actual and likely future patterns of care as stipulated by the relevant legislation. The Tribunal concluded that the circumstances did not meet the threshold for altering the established care arrangements.