Ecclesall and Muskett (Child support)

The Administrative Appeals Tribunal considered a dispute concerning the percentage of care for a child, as determined for the purposes of child support. The applicant, Ecclesall, sought to challenge the initial percentage of care assessment, arguing that the likely pattern of care from the commencement of the administrative assessment differed from that which had been determined.

The Tribunal was required to determine what the likely pattern of care for the child would be from the commencement of the administrative assessment, and whether this pattern differed from the percentage of care that had been applied. This involved an assessment of the evidence presented regarding the care arrangements for the child.

The Tribunal affirmed the decision under review. It reasoned that the evidence did not establish a likely pattern of care from the commencement of the administrative assessment that would justify a departure from the existing assessment. The Tribunal applied the principles governing the determination of the percentage of care under the relevant child support legislation, focusing on the factual circumstances and the evidence presented by the parties.