McSorley and Skillern (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning a child support assessment. The applicants, McSorley and Skillern, sought to challenge a decision made by the Registrar of the Child Support Agency regarding the percentage of care for their child. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the child that would warrant a reassessment of the existing child support arrangements.

The Tribunal was required to determine whether the Registrar's decision was correct or preferable. Specifically, the Tribunal had to consider whether the evidence presented demonstrated a change in the likely pattern of care for the child that justified setting aside the previous assessment. This involved an examination of the factual circumstances surrounding the care arrangements and their likely future trajectory.

The Tribunal found that the evidence did not establish a change to the likely pattern of care. Applying the relevant provisions of the Child Support (Registration and Collection) Act 1988, the Tribunal concluded that the Registrar's decision was not supported by the evidence. Consequently, the Tribunal set aside the Registrar's decision and substituted its own, finding that the existing percentage of care remained the appropriate basis for the child support assessment.