Jolley and Nihill (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Jolley and Nihill concerning the percentage of care for their child. The core of the disagreement revolved around whether a change in the child's living arrangements constituted a change to the likely pattern of care, leading to the revocation of existing percentage of care determinations and the making of new ones. Despite the child living away from both parents, the parents continued to provide care.

The Tribunal was required to determine whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones. Specifically, the AAT had to assess if the child living away from the parents amounted to a change in the likely pattern of care, and if so, what the appropriate new percentages of care should be.

The Tribunal reasoned that the existing percentage of care determinations were no longer accurate due to the change in the child's living arrangements. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the AAT found that the parents were still actively involved in the child's care, even though the child was residing elsewhere. This continued provision of care meant that the previous determinations did not reflect the reality of the situation.

Consequently, the AAT set aside the decision under review and substituted it with new percentage of care determinations, reflecting the changed circumstances and the ongoing care provided by both parents.