Mihalceanu and Erokhin (Child support)

This matter concerned an application for review of a decision made by the Child Support Registrar concerning the percentage of care for the parties' child. The applicant, Mr Mihalceanu, sought to have the existing percentage of care determination revoked and a new determination made, arguing that there had been a significant and ongoing change to the pattern of care since the last determination. The respondent, Ms Erokhin, opposed the application. The review was heard by Senior Member R Ellis of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the circumstances warranted the revocation of the existing percentage of care determination and the making of a new one. This required the Tribunal to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) relating to changes in the pattern of care and the criteria for making a new determination. Specifically, the Tribunal had to assess whether the change in care arrangements was substantial and likely to be long-term, as contemplated by the legislation.

Senior Member Ellis reasoned that the evidence presented demonstrated a significant and sustained shift in the child's living arrangements. The Tribunal applied the principles established in the *Child Support (Registration and Collection) Act 1988* (Cth), which permit a review and redetermination of care percentages where there has been a material change in the pattern of care. The Tribunal found that the applicant had established that the child was now spending a substantially greater proportion of time with him than was reflected in the existing determination, and that this change was likely to be permanent.

The Tribunal affirmed the decision of the Child Support Registrar, revoking the existing percentage of care determination and making a new determination reflecting the changed pattern of care.