Elwin and Elwin (Child support)

This matter concerned an appeal by the father, Mr Elwin, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The appeal was heard by a Senior Member of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether the Registrar had erred in revoking the existing percentage of care determinations and making new ones. Specifically, the Tribunal had to consider whether the evidence supported a finding that there had been a change in the likely pattern of care for the child, and if so, whether the new percentage of care determinations were appropriate.

The Tribunal found that the Registrar had not adequately considered the evidence regarding the child's living arrangements and the parents' respective involvement in the child's care. The Senior Member applied the principles of the *Child Support (Registration and Collection) Act 1988*, which require a change in the likely pattern of care to be substantial and likely to continue before existing determinations can be revoked and new ones made. The Tribunal concluded that the Registrar's decision was not supported by sufficient evidence and that the existing percentage of care determinations should have been maintained.

The Administrative Appeals Tribunal set aside the decision of the Child Support Registrar and substituted a new decision. The Tribunal ordered that the existing percentage of care determinations remain in place.