Heston and Ketchum (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a child support assessment. The applicants, Heston and Ketchum, sought to challenge a decision made by the Registrar of the Child Support Agency concerning the percentage of care attributed to each party for their child. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the child, which would necessitate a review and potential alteration of the existing percentage of care determinations.

The Tribunal was required to determine whether the Registrar's decision to revoke existing percentage of care determinations and make new ones was correct. Specifically, the AAT had to assess whether the evidence presented demonstrated a significant and likely change in the pattern of care that justified the Registrar's intervention. This involved considering the nature of the alleged changes and their impact on the child's living arrangements.

In reaching its decision, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care. The Tribunal found that the evidence did not establish a sufficient change in the likely pattern of care to warrant the revocation of the existing determinations. Consequently, the Tribunal set aside the Registrar's decision and substituted it with a new determination that upheld the original percentage of care arrangements.