Taylor and Tuckey (Child support)

This matter concerned an appeal by the father, Mr Taylor, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The mother, Ms Tuckey, was the respondent. The Registrar had previously made a determination that the father had care of the child for 65% of the time, which had been revoked and replaced with a new determination that the father had care for 35% of the time. The father sought to have the Registrar's decision set aside and the original 65% care determination reinstated.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the child since the last assessment of the percentage of care. Specifically, the Tribunal had to determine if the circumstances had altered to such an extent that the previous assessment was no longer accurate and if a new assessment was warranted.

The Tribunal considered the evidence presented by both parties regarding the actual care arrangements for the child. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the assessment of care percentages. The Tribunal found that the evidence demonstrated a significant and ongoing shift in the child's living arrangements, with the child now residing primarily with the mother. This change in the pattern of care was deemed substantial enough to justify revoking the existing determination and making a new assessment.

Consequently, the Tribunal set aside the Registrar's decision and substituted a new determination that the father had care of the child for 35% of the time.