Jordison and Keate (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Ms Jordison (the applicant) to review a decision made by the Child Support Registrar. The dispute concerned the percentage of care for the child, [child's name], which directly impacts the child support payable by Mr Keate (the respondent). The applicant sought to have the percentage of care attributed to her increased, thereby reducing the child support liability of the respondent.

The primary legal issue before the Tribunal was whether there had been a change in the pattern of care for the child since the last assessment of care percentages. Specifically, the Tribunal had to determine if the applicant had demonstrated a significant and ongoing shift in the child's living arrangements that warranted a reassessment of the care percentages under the *Child Support (Assessment) Act 1989* (Cth).

Member K Hamilton reasoned that the applicant bore the onus of proving a change in the pattern of care. The Tribunal considered evidence presented by both parties regarding the child's living arrangements, including school attendance, extracurricular activities, and overnight stays. The Member found that the evidence did not establish a substantial and sustained change in the pattern of care that would justify altering the existing assessment. Consequently, the Tribunal set aside the decision under review and substituted a new decision affirming the original assessment of care percentages.