Homewood and Homewood (Child support)

The case of *Homewood and Homewood* concerned a dispute over the percentage of care arrangements for a child. The applicant, Mr Homewood, sought to revoke existing determinations regarding the percentage of care, which had been made under the *Child Support (Registration and Collection) Act 1988* (Cth). The respondent, Ms Homewood, opposed this application. The matter came before the Child Support Registrar and subsequently the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child that would warrant the revocation of the existing percentage of care determinations. Specifically, the Tribunal had to consider if the circumstances had altered to such an extent that the previously determined percentages no longer accurately reflected the actual or likely future care arrangements.

The Tribunal affirmed the decision of the Child Support Registrar, finding that there had been no material change to the likely pattern of care. The Tribunal applied the principles governing the assessment of care arrangements under the *Child Support (Registration and Collection) Act 1988*, which require a consideration of the actual care provided and the likely future pattern of care. In this instance, the evidence did not support a finding that the care arrangements had changed in a way that justified revoking the existing determinations.

Consequently, the Tribunal refused to revoke the existing percentage of care determinations and affirmed the decision under review.