Fabian and Lloris (Child support)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the percentage of care for a child, specifically the determination of the likely pattern of care from the commencement of an administrative assessment. The applicant, Fabian, sought review of a decision made by the Child Support Registrar.

The primary legal issue before the Tribunal was to ascertain the correct percentage of care for the child, which directly impacts the child support payable. This involved determining the likely pattern of care that would exist from the start of the administrative assessment period, rather than focusing solely on the care arrangements at the time of the assessment itself.

The Tribunal analysed the evidence presented regarding the proposed care arrangements and the practicalities of implementing them. It applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the legislative requirement to assess the *likely* pattern of care. The Tribunal found that the Registrar's decision had not adequately considered the future pattern of care and that the evidence supported a different assessment. Consequently, the Tribunal set aside the original decision and substituted its own determination.