Digby and Vaughn (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of Digby and Vaughn concerning child support. The dispute involved a review of a decision made by the Child Support Registrar regarding the percentage of care for the child. The applicant sought to have the existing percentage of care determination revoked and a new determination made based on a revised pattern of care.

The Tribunal was required to determine whether there had been a change in the pattern of care for the child that warranted revoking the existing percentage of care determination. Specifically, the Tribunal had to assess whether the new pattern of care constituted a "regular pattern of hours" as contemplated by the relevant legislation, and whether this new pattern justified a different percentage of care. The Tribunal also considered the impact of day care costs on the assessment.

The Tribunal found that the evidence presented demonstrated a significant and consistent change in the pattern of care. It reasoned that the new arrangement involved the child spending a substantial and regular number of hours with the applicant, exceeding the threshold for a change in the percentage of care. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to care arrangements and the assessment of a regular pattern of hours. The Tribunal concluded that the existing determination was no longer reflective of the actual care arrangements.

The Tribunal set aside the decision under review and substituted it with a new determination of the percentage of care.