Dawes and Montevue (Child support)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Dawes against a decision made by the Registrar of Child Support. The dispute concerned the percentage of care attributed to Mr Dawes for his child, which directly impacts the child support payable. The Registrar had previously revoked an existing percentage of care determination and made a new determination, which Mr Dawes sought to have reviewed and set aside.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the carer parent, specifically Mr Dawes, such that the existing percentage of care determination should be revoked and a new one made. This required the Tribunal to assess the evidence presented regarding the actual and prospective care arrangements for the child.

The Tribunal found that the evidence demonstrated a significant and ongoing change in the pattern of care. It applied the principles under the *Child Support (Registration and Collection) Act 1988* concerning the revocation and making of percentage of care determinations, focusing on the likelihood of future care arrangements. The Tribunal concluded that the Registrar's decision to revoke the existing determination and make a new one was justified based on the altered care arrangements.

Consequently, the Tribunal set aside the decision under review and substituted it with its own decision, making a new percentage of care determination reflecting the changed circumstances.