Ellsworth and Brooks (Child support)

The Administrative Appeals Tribunal considered a dispute concerning the percentage of care arrangements for a child between the parties, Ellsworth and Brooks. The core of the disagreement revolved around whether there had been a change to the likely pattern of care that would warrant a revocation of existing percentage of care determinations and the making of new ones.

The Tribunal was required to determine whether the evidence presented established a material change in the child's likely pattern of care since the last assessment. This involved assessing the factual circumstances of the child's living arrangements and the intentions of the parents regarding future care. The Tribunal also had to consider the legal framework governing the assessment of child support, specifically the provisions relating to changes in care arrangements.

In its reasoning, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the assessment of care percentages. It analysed the evidence to ascertain if the proposed changes to the care arrangements were likely to be substantial and enduring, thereby constituting a "change to the likely pattern of care" as contemplated by the legislation. The Tribunal found that the evidence supported a significant alteration in the child's living arrangements, justifying a review and adjustment of the care percentages. Consequently, the Tribunal set aside the previous determinations and substituted new ones reflecting the altered pattern of care.