Mattingly and Fesperman (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Mattingly (the applicant) concerning child support assessments for two children. The applicant sought to revoke existing percentage of care determinations and have new determinations made, arguing that there had been a change to the likely pattern of care for the children. Fesperman (the respondent) opposed this application.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the children since the last percentage of care determinations were made. The Tribunal was required to assess if the evidence presented demonstrated a significant alteration in the children's living arrangements that would justify a review and potential revocation of the existing determinations.

The Tribunal found that the applicant had not established a change to the likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal determined that the evidence did not support a conclusion that the children's care arrangements had substantially altered in a way that would warrant a new percentage of care determination. Consequently, the Tribunal affirmed the decision to refuse to revoke the existing percentage of care determinations.