Lebarre and Yabsley (Child support)

This matter concerned an appeal to the Child Support Appeals Tribunal concerning the percentage of care arrangements for a child. The appellant, Lebarre, sought to vary the existing care arrangements, arguing for a greater percentage of care to be attributed to them. The respondent, Yabsley, opposed this variation.

The primary legal issue before the Tribunal was to determine the correct percentage of care for the child, specifically whether the existing assessment accurately reflected the reality of the care arrangements or if a change was warranted. This involved an assessment of the factual circumstances of the child's living arrangements and the contributions of each parent to the child's daily care.

Member J Leonard considered the evidence presented by both parties regarding the time the child spent with each parent and the nature of the care provided. The Tribunal applied the principles of the *Child Support (Assessment) Act 1989* (Cth) in assessing the percentage of care, focusing on the practical realities of the child's upbringing. The Tribunal found that the evidence supported a variation in the percentage of care, acknowledging that the existing assessment did not accurately reflect the current care arrangements. The Tribunal varied the decision under review.