Tatro and Tatro (Child support)

The applicants, Tatro and Tatro, sought review of a decision made by the Child Support Registrar concerning the percentage of care for their child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a reassessment of the existing percentage of care determinations. The matter was brought before the Administrative Appeals Tribunal for determination.

The Tribunal was required to consider whether the evidence presented demonstrated a material change in the child's living arrangements that justified revoking the existing percentage of care determinations. Specifically, the Tribunal had to assess if the new pattern of care was likely to continue for a sufficient period to warrant a revised assessment under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.

The Tribunal found that the evidence established a significant and likely ongoing change in the pattern of care. It reasoned that the existing determinations no longer accurately reflected the reality of the child's living arrangements. Applying the principles of the Act, which permit reassessment upon a material change in care, the Tribunal concluded that the Registrar's decision to maintain the existing percentages was erroneous. Consequently, the Tribunal set aside the Registrar's decision and substituted its own, making new percentage of care determinations.