Clemet and Clemet (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between the parties, referred to as Clemet and Clemet, concerning the percentage of care arrangements for their child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child, and if so, whether to revoke the existing percentage of care determinations and make new ones. The Tribunal also had to consider the implications of a parenting plan that had not been complied with and whether reasonable action had been taken by the parties.

The Tribunal found that the parenting plan had not been complied with, but that reasonable action had been taken by the applicant. It determined that there had been a change to the likely pattern of care and that an interim period should apply. Consequently, the Tribunal set aside the original decision and substituted it with new percentage of care determinations.