Monroy and Barnard (Child support)

This matter concerned an application by Mr Barnard to revoke existing percentage of care determinations made by Child Support, and for a new determination to be made. Ms Monroy and Mr Barnard were the parents of the child in question. The dispute arose from Mr Barnard’s notification to Child Support that the care arrangements for the child had changed from 3 June 2022, leading to a revised care percentage determination.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child, as contemplated by the *Child Support (Assessment) Act 1989* (the Assessment Act). Specifically, the Tribunal had to determine if the care arrangements that commenced around 3 June 2022 constituted a change in the established pattern of care, thereby necessitating a revocation of the existing percentage of care determinations.

The Tribunal considered the evidence provided by both parties, including court orders, diary entries, calendar pages, and oral testimony. It noted that while court orders stipulated a particular pattern of care, both parents interpreted these orders as allowing for an increasing level of care for Mr Barnard over time. However, the Tribunal found that the notification by Mr Barnard to Child Support on 21 June 2022, alleging a change in care from 3 June 2022, was not supported by sufficient evidence to establish a new pattern of care. The Tribunal was not satisfied that the increased care Mr Barnard allegedly had in June 2022 was continued in July and August 2022, as the level of care sharply dropped off in those subsequent months. Consequently, the Tribunal concluded that the circumstances did not meet the criteria for a change in the pattern of care under the Assessment Act, nor did they fit the policy for a one-off block of care.

The Tribunal set aside the decision under review and substituted its own decision, finding that there was no change in the care of the child from 3 June 2022.