Depasquale and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Mr. Depasquale and the Child Support Registrar concerning the percentage of care for a child. The core of the disagreement revolved around whether a change had occurred in the likely pattern of care for the child and whether a child support terminating event had taken place.

The Tribunal was required to determine two primary legal issues. Firstly, it had to ascertain whether the evidence established a change in the likely pattern of care for the child. Secondly, the Tribunal needed to decide if this change, if found, constituted a child support terminating event as defined by the relevant legislation.

In reaching its decision, the Tribunal analysed the evidence presented regarding the care arrangements for the child. It applied the principles governing the assessment of the percentage of care and the criteria for a child support terminating event. The Tribunal found that the evidence did support a change in the likely pattern of care, which in turn triggered a child support terminating event. Consequently, the Tribunal set aside the original decision under review and substituted a new decision reflecting these findings.