Emmet and McSorley (Child support)

The Administrative Appeals Tribunal considered the dispute between Emmet and McSorley concerning the percentage of care for their child. The applicant, Emmet, sought to have the previous decision regarding the child support assessment set aside and substituted.

The primary legal issue before the Tribunal was to determine the likely pattern of care for the child from the commencement of the administrative assessment. This involved assessing the evidence presented by both parties to establish the actual care arrangements that had been in place.

The Tribunal reviewed the evidence and found that the care arrangements had been fluid and that the initial assessment did not accurately reflect the reality of the care provided. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the previous decision was not in accordance with the law. The Tribunal set aside the previous decision and substituted its own finding regarding the percentage of care.