Simonds and Devine (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a child support assessment. The parties, Simonds and Devine, were involved in a dispute over the percentage of care arrangements for their child. The AAT was tasked with reviewing the initial decision made by the Child Support Registrar concerning these care arrangements.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child. This determination was crucial as it would impact the existing percentage of care determinations and potentially lead to their revocation and the making of new ones. The Tribunal had to assess the evidence presented to ascertain if the established care arrangements had altered in a way that warranted a revision of the child support assessment.

The Tribunal's reasoning focused on the evidence presented regarding the actual and anticipated care arrangements for the child. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes in the pattern of care. After considering the evidence, the Tribunal found that there had been a material change to the likely pattern of care. Consequently, the Tribunal set aside the decision under review and substituted it with its own determination, revoking the existing percentage of care determinations and making new ones.