Richelieu and North (Child support)

The case of *Richelieu and North (Child Support)* concerned an appeal to the Administrative Appeals Tribunal regarding a decision made by the Child Support Registrar. The dispute centred on the percentage of care attributed to each parent for their child, a determination that significantly impacts child support assessments. The applicant, Richelieu, sought to have the Registrar's decision reviewed and set aside.

The primary legal issue before the Tribunal was whether the Registrar had erred in determining the percentage of care for the child. Specifically, the Tribunal had to consider whether there had been a change to the likely pattern of care since the last assessment, and if so, how that change should be reflected in the care percentage. The Tribunal was tasked with applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) to the facts of the case.

The Tribunal's reasoning focused on the evidence presented regarding the actual and likely future care arrangements for the child. It was found that despite some fluctuations, the overall pattern of care had not fundamentally changed in a way that would warrant a revision of the existing care percentage. The Tribunal applied the principle that a change in the likely pattern of care must be substantial and enduring to justify an alteration to the assessment. Consequently, the Tribunal concluded that the Registrar's original decision was not affected by an error of law or fact. The Tribunal set aside the decision under review and substituted its own decision.