Kingaby and Rixon (Child support)

This matter concerned an appeal by Kingaby (the applicant) against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. Rixon (the respondent) was the other party to the proceedings. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify a review and potential alteration of the existing percentage of care determinations. The appeal was heard by Deputy Principal Member D Tucker of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the evidence established a change in the likely pattern of care for the child that warranted revoking the existing percentage of care determinations and making new ones. This involved assessing whether the factual circumstances had altered sufficiently from the previously determined pattern of care to justify intervention under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The Tribunal considered the evidence presented regarding the care arrangements for the child. It was found that the applicant had not demonstrated a significant and ongoing change to the likely pattern of care that would justify revoking the existing determinations. The Tribunal applied the principles that a change in the likely pattern of care must be substantial and likely to persist to warrant a new assessment. As such, the Tribunal concluded that the existing percentage of care determinations should remain in place.

The Tribunal set aside the decision under review and substituted a new decision. The new decision was that the existing percentage of care determinations were not to be revoked, and no new determinations were to be made.