Jansen and Jansen (Child support)

The Administrative Appeals Tribunal (AAT) considered an appeal by the applicant, Mr Jansen, concerning a decision by the Child Support Registrar to revoke existing percentage of care determinations and make new ones. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify altering the registered percentage of care.

The primary legal issue before the Tribunal was to determine whether the Registrar’s decision to revoke the existing percentage of care determinations and make new ones was justified. This required the Tribunal to assess whether there had been a material change in the likely pattern of care for the child, as contemplated by the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

The Tribunal reviewed the evidence presented regarding the care arrangements for the child. It applied the principles established in child support legislation and case law concerning the assessment of a "change in the likely pattern of care." The Tribunal found that the evidence did not support a conclusion that there had been a sufficient change in the likely pattern of care to warrant the revocation of the existing determinations and the making of new ones.

Consequently, the Tribunal set aside the decision under review and substituted it with a new decision. The Tribunal ordered that the existing percentage of care determinations remain in place.