Lagana and Perez (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Lagana and Perez concerning the percentage of care arrangements for their child. The applicant, Lagana, sought to have the existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care. The AAT affirmed the decision under review.

The primary legal issue before the Tribunal was whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new determinations under the *Child Support (Registration and Collection) Act 1988* (Cth). This required the Tribunal to assess whether there had been a material change in the likely pattern of care for the child.

The Tribunal's reasoning focused on the evidence presented regarding the actual care arrangements and the projected future care arrangements. It applied the principles established in child support legislation and case law concerning the assessment of care percentages, which requires a consideration of the likely pattern of care over the relevant period. The Tribunal found that the evidence supported a conclusion that the pattern of care had changed sufficiently to justify new determinations.

The Tribunal affirmed the decision under review, which had made new percentage of care determinations reflecting the changed circumstances.