Overton and Jaynes (Child support)

The Administrative Appeals Tribunal considered an application by the father, Mr Overton, concerning a child support assessment. The dispute arose from the mother, Ms Jaynes', application to the Child Support Registrar to revoke an existing percentage of care determination and make a new one. The Tribunal was asked to review the Registrar's decision to revoke the existing determination and make a new one, which had the effect of changing the percentage of care attributed to the father.

The primary legal issue before the Tribunal was whether the Registrar had erred in revoking the existing percentage of care determination. Specifically, the Tribunal had to determine if there had been a "change in the pattern of care" as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth) that would justify revoking the existing determination. The Tribunal also considered the date from which any new determination should take effect.

The Tribunal found that the evidence did not demonstrate a significant or substantial change in the pattern of care since the existing determination was made. The existing determination reflected a pattern of care that had been in place for a considerable period and continued to be the reality for the child. Therefore, the Registrar's decision to revoke the existing determination was set aside. The Tribunal substituted its own decision, reinstating the original percentage of care determination and finding that no new determination was warranted at that time.