Dalman and Dalman (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by the father, Mr Dalman, to revoke existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning his two children. The mother, Ms Dalman, opposed the revocation. The father sought to have the percentage of care attributed to him increased, arguing that there had been a change to 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 of the children since the last percentage of care determination was made. If such a change was established, the Tribunal would then need to determine the new likely pattern of care and whether to revoke or vary the existing determinations.

The Tribunal found that the evidence did not establish a change to the likely pattern of care. It noted that the father's asserted changes in care arrangements were not substantial or permanent enough to constitute a change in the *likely* pattern of care as contemplated by the legislation. The Tribunal applied the principles that a change must be significant and likely to continue, and that the focus is on the future pattern of care, not merely past or temporary arrangements. Consequently, the Tribunal set aside the original decision and substituted it with a decision that refused to revoke the existing percentage of care determinations.