Eaddy and Eaddy (Child support)

The Administrative Appeals Tribunal (AAT) considered the child support care percentages of Ms Eaddy and Mr Eaddy in relation to their two children, C and D. The dispute arose from differing assertions by the parents regarding the actual pattern of care for the children, which had previously been determined by the Child Support Registrar as 90% care for Ms Eaddy and 10% for Mr Eaddy. The matter came before the AAT following Mr Eaddy's objection to a decision made by an objections officer of the Child Support Agency.

The primary legal issues before the Tribunal were to determine the actual care arrangements for the children during the relevant periods and whether new percentage of care determinations should be made, including the applicable dates for any such changes. The Tribunal was required to interpret and apply provisions of the *Child Support (Assessment) Act 1989* concerning the determination of care percentages, the definition of a "pattern of care," and the circumstances under which existing determinations must be revoked and new ones made. The Tribunal also had to consider the impact of court orders made on 28 January 2020 on the care arrangements.

The Tribunal reasoned that the "pattern of care" is not defined by rigid regularity but rather by a discernible and intelligible form or sequence. It determined that the period from 20 October 2019 to 30 January 2020 was governed by the actual care provided, while the period from 31 January 2020 onwards was primarily dictated by the court orders, which constituted a "care arrangement" under the relevant legislation. Using the number of nights as the measure of care, the Tribunal carefully analysed the care calendars provided by both parents, resolving minor discrepancies by adopting the higher calculation for each child in the initial period. For the subsequent period, the Tribunal found that despite some minor fluctuations, the care arrangements generally reflected a 50/50 split as per the court orders. The Tribunal also found that the changes in care percentages would alter the parents' cost percentages, thus necessitating the revocation of existing determinations and the making of new ones under section 54F of the *Child Support (Assessment) Act 1989*.

The Tribunal set aside the decision under review and substituted its own determinations. For child C, Ms Eaddy was determined to have 73% care and Mr Eaddy 27% care from 20 October 2019, with these percentages applying from 19 October 2019 and 10 March 2020 respectively due to notification delays. From 31 January 2020, both parents were determined to have 50% care, with these new determinations applying from 30 January 2020 for Ms Eaddy and 10 March 2020 for Mr Eaddy. For child D, Mr Eaddy was determined to have 56% care and Ms Eaddy 44% care from 20 October 2019, with these percentages applying from 10 March 2020 and 19 October 2019 respectively. From 31 January 2020, both parents were determined to have 50% care, with these new determinations applying from 30 January 2020 for Mr Eaddy and 10 March 2020 for Ms Eaddy.