Fiacchi and Douaghy (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of Fiacchi and Douaghy concerning child support. The dispute centred on whether a change in the pattern of care for the children was sufficient to warrant a new assessment of child support payments. The applicant sought to have the existing child support assessment varied based on an alleged shift in the percentage of care provided to the children.

The Tribunal was required to determine whether the observed changes in the care arrangements constituted a "change in the pattern of care" as contemplated by the relevant legislation, thereby triggering a new assessment. Specifically, the Tribunal had to assess whether the extended periods of care experienced by one party were substantial enough to alter the established pattern of care and justify a departure from the existing assessment.

Member R Prasad reasoned that minor departures from an established care pattern, or temporary extensions of care, do not necessarily amount to a fundamental change in the overall pattern of care. The Tribunal applied the principle that a new pattern of care must be established and sustained, rather than being a transient or incidental variation. The Tribunal found that the evidence did not demonstrate a sufficiently significant or permanent alteration to the established care arrangements to warrant a new determination of the percentage of care. Consequently, the decision under review, which affirmed the existing child support assessment, was upheld.