Smart and Marriott (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a child support assessment. The applicants, Smart and Marriott, sought to challenge a decision made by the Child Support Registrar concerning the percentage of care for their child. The core of the dispute revolved around whether there had been a change to the likely pattern of care for the child, which would necessitate a revision of the existing percentage of care determinations.

The Tribunal was required to determine whether the Registrar's decision to revoke existing percentage of care determinations and make new ones was correct. Specifically, the AAT had to assess whether the evidence presented demonstrated a significant and ongoing change in the child's living arrangements that justified altering the established care percentages. This involved considering the definition of a "change to the likely pattern of care" as contemplated by the relevant child support legislation.

In its reasoning, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to care arrangements. The AAT found that the evidence did not support a finding that there had been a change to the likely pattern of care that would warrant revoking the existing determinations. The Tribunal concluded that the Registrar's decision was not supported by the evidence and that the existing percentage of care determinations should have been maintained. Consequently, the Tribunal set aside the Registrar's decision and substituted its own determination.