Shearman and Fosker (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Shearman and Fosker concerning the percentage of care for a child. The applicant, Shearman, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the evidence established a change to the likely pattern of care for the child, such that the existing percentage of care determinations should be revoked and new ones made. This required the Tribunal to assess the factual circumstances and apply the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to care arrangements.

The Tribunal found that the evidence presented demonstrated a significant and likely ongoing change in the pattern of care for the child. It reasoned that the established facts indicated a shift in the primary caregiver responsibilities, which warranted a reassessment of the percentage of care. Applying the principles governing changes to care arrangements under the Act, the Tribunal concluded that the existing determinations were no longer reflective of the actual and likely future care provided to the child.

Consequently, the Tribunal set aside the existing percentage of care determinations and substituted new determinations reflecting the changed pattern of care.