Tallantyre and Driver (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Tallantyre and Driver concerning the percentage of care for their child. The applicant sought to have existing percentage of care determinations revoked and new determinations made, alleging a change in the likely pattern of care.

The Tribunal was required to determine whether there had been a material change to the likely pattern of care for the child since the last percentage of care determination was made. This involved assessing whether the proposed new care arrangements were likely to be maintained and whether they constituted a significant departure from the existing arrangements.

The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), specifically focusing on the provisions relating to the assessment of the percentage of care. It considered evidence presented by both parties regarding the child's living arrangements and the intentions of each parent. The Tribunal found that the evidence supported a change in the likely pattern of care and that the existing determinations were no longer reflective of the child's best interests.

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