Malghum and Allitt (Child support)

This matter concerned an application by the father, Malghum, to revoke existing percentage of care determinations made under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning his children with the mother, Allitt. The father sought to have the percentage of care attributed to him varied.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the children since the last percentage of care determination was made. The Tribunal was required to assess if the evidence presented demonstrated a significant and ongoing alteration to the established care arrangements that would warrant a revocation and redetermination of the percentages.

The Tribunal considered the evidence presented by both parties regarding the children's living arrangements. It found that the evidence did not establish a change to the likely pattern of care that was significant enough to justify revoking the existing determinations. The Tribunal applied the principles that a change must be substantial and likely to be enduring to warrant a variation of the percentage of care. As no such change was demonstrated, the Tribunal refused to revoke the existing percentage of care determinations.