Enriquez and Dario (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Enriquez to revoke existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to his children. Mr Enriquez sought to have the percentage of care attributed to him altered, thereby impacting the child support payable. Ms Dario, the other parent, opposed the revocation.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the children since the last percentage of care determination was made. The Tribunal was required to assess if the circumstances had altered to such an extent that the existing determinations no longer accurately reflected the actual or likely future care arrangements for the children.

The Tribunal found that there had been no material change to the likely pattern of care. It applied the principles established in child support legislation and case law, which require a significant and ongoing alteration in the care arrangements to justify revoking a previous determination. The Tribunal concluded that the evidence did not support a finding that the children’s living arrangements had changed in a way that would warrant a new percentage of care assessment. Consequently, the Tribunal set aside the original decision to revoke the existing percentage of care determinations and substituted it with a decision refusing the revocation.