Marler and Marler (Child support)

The Administrative Appeals Tribunal considered the matter of *Marler and Marler*, concerning a dispute over the percentage of care arrangements for a child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child, and if so, whether existing percentage of care determinations should be revoked and new ones made. Additionally, the Tribunal had to consider whether there were special circumstances that prevented the objection from being lodged within the prescribed time, and if so, whether to make a determination under section 87AA(2) of the *Child Support (Registration and Collection) Act 1988*.

The Tribunal found that there had been a change to the likely pattern of care and that the existing percentage of care determinations should be revoked and new determinations made. It also found that special circumstances existed which prevented the objection from being lodged in time, and therefore exercised its discretion to make a determination under section 87AA(2). The Tribunal set aside the decision under review and substituted its own decision.