Thaxter and Thaxter (Child support)

The case of *Thaxter and Thaxter* concerned a dispute over the percentage of care for a child, which impacts child support assessments. The decision was made by Senior Member R Ellis of the Administrative Appeals Tribunal. The applicant sought to have the percentage of care attributed to them varied, arguing that the initial assessment did not accurately reflect the likely pattern of care from the commencement of the assessment.

The primary legal issue before the Tribunal was to determine the likely pattern of care for the child from the date the child support assessment commenced. This involved considering the evidence presented by both parties regarding the actual care arrangements and projecting what those arrangements would likely have been at the relevant time. The Tribunal was required to apply the principles of the *Child Support (Registration and Collection) Act 1988* to ascertain the correct percentage of care.

Senior Member Ellis applied the principles of the Act, which require the Tribunal to assess the likely pattern of care. The Tribunal considered the evidence of the parties and concluded that the applicant had not demonstrated that the initial assessment of the percentage of care was incorrect. The evidence did not establish a different likely pattern of care from the commencement of the assessment. Consequently, the Tribunal affirmed the original decision regarding the percentage of care.