Maurice and Gilliam (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Maurice and Gilliam concerning the percentage of care for their child, which is a crucial factor in determining child support obligations. The core of the disagreement revolved around establishing the likely pattern of care from the commencement of the administrative assessment and the level of care provided by the carer parent.

The Tribunal was required to determine the correct percentage of care for the child from the date the administrative assessment took effect. This involved assessing the evidence presented regarding the actual care arrangements and considering whether the carer parent had provided the requisite level of care to justify a particular percentage. The Tribunal also had to consider the relevant date for the effect of its decision, specifically whether subsection 87AA(2) of the Child Support (Registration and Collection) Act 1988 was applicable.

In reaching its decision, the Tribunal reviewed the evidence of the care arrangements and applied the principles governing the assessment of care percentages under the Child Support legislation. The Tribunal found that the initial assessment of care was incorrect and that the evidence supported a different pattern of care from the outset. Consequently, the Tribunal set aside the original decision and substituted its own determination regarding the percentage of care.