Mather and Belcher (Child support)

This matter concerned an application by Mather (the applicant) to the Child Support Registrar for a review of existing child support assessments. The applicant sought to have the percentage of care attributed to him for the parties' two children varied, arguing that there had been a significant change in the pattern of care since the last assessment. Belcher (the respondent) opposed the application, contending that the existing care arrangements should remain in place. The review was heard by Senior Member R Ellis of the Child Support Division of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had established a change in the pattern of care sufficient to warrant revoking the existing percentage of care determinations and making new ones. This involved considering the impact of an unsigned parenting plan that had been in place and the actual day-to-day care arrangements for the children. The Tribunal also had to determine the appropriate date from which any new care determinations should take effect.

Senior Member Ellis reasoned that while the unsigned parenting plan indicated an intention for a particular care arrangement, the actual pattern of care demonstrated a significant departure from what was initially contemplated. The Tribunal found that the applicant had, in fact, been caring for the children for a greater percentage of time than previously assessed, thereby establishing a change in the pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal determined that the existing percentage of care determinations were no longer accurate and should be revoked.

The Tribunal affirmed the decision under review, revoking the existing percentage of care determinations and making new determinations reflecting the actual pattern of care. These new determinations were made effective from the date of the applicant's application.