Feasey and Riggs (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Feasey and Riggs concerning the percentage of care arrangements for their child. The applicants sought to have existing percentage of care determinations revoked and new determinations made, alleging changes to the likely pattern of care.

The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last percentage of care determination was made. This involved assessing whether the proposed changes to the care arrangements were likely to be substantial and ongoing, thereby justifying a revocation of the existing determination and the making of a new one.

The Tribunal applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth) regarding changes to the pattern of care. It considered evidence presented by both parties regarding the proposed care arrangements, including the duration and frequency of overnight stays. The Tribunal found that the evidence demonstrated a significant and likely ongoing shift in the child's living arrangements, which met the threshold for a change in the percentage of care. Consequently, the Tribunal set aside the previous decisions and substituted new percentage of care determinations.