Stallworth and Smedley (Child support)

The Administrative Appeals Tribunal considered the dispute between Stallworth and Smedley concerning the percentage of care for their child. The applicant, Stallworth, 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 Tribunal was required to determine whether a change to the likely pattern of care had occurred since the last assessment, and if so, what the new percentage of care should be. It also had to consider the appropriate date from which any new determinations should take effect, specifically whether the existing determinations should be revoked and new ones made.

The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) regarding changes in the pattern of care. It found that the evidence presented demonstrated a significant and ongoing change in the child's living arrangements, justifying a revocation of the existing percentage of care determinations. The Tribunal reasoned that the new pattern of care was likely to continue for a substantial period, meeting the threshold for a new assessment.

The Tribunal set aside the decision under review and substituted new percentage of care determinations, effective from a date reflecting the commencement of the changed pattern of care.