Sharkey and Zane (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Sharkey and Zane concerning a decision regarding child support care percentages. The applicant, Sharkey, sought to have a previous decision reviewed, which had maintained the existing percentages of care despite a temporary change in the pattern of care.

The primary legal issue before the Tribunal was whether the existing percentages of care for child support purposes should be altered in light of a temporary, albeit significant, change in the child's living arrangements. Specifically, the Tribunal had to determine if the temporary nature of the change meant that the existing percentages remained appropriate, or if the shift in care warranted a reassessment and potential alteration of those percentages.

The Tribunal's reasoning focused on the interpretation of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to care percentages. It applied the principle that a temporary change in the pattern of care, even if substantial, does not automatically necessitate a change to the registered care percentages unless the change is of a nature that indicates a more permanent shift or meets specific criteria for alteration under the Act. The Tribunal found that the evidence did not support a conclusion that the change in care was other than temporary, and therefore, the existing percentages remained appropriate. The Tribunal set aside the decision under review and substituted a new decision confirming the existing care percentages.