Tuft and Tuft (Child support)

The Administrative Appeals Tribunal considered the dispute between Mr Tuft and Ms Tuft concerning the percentage of care arrangements for their child. The applicant, Mr Tuft, sought to have the existing percentage of care determination revoked and a new one made, arguing that there had been a change to the likely pattern of care.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child since the last percentage of care determination was made. Specifically, the Tribunal had to assess whether any such changes were significant enough to warrant a revocation of the existing determination and the making of a new one.

The Tribunal found that while there had been minor adjustments to the pattern of care, these did not constitute a substantial change that would justify revoking the existing percentage of care determination. Applying the principles that minor fluctuations in care arrangements do not typically warrant a new determination, the Tribunal affirmed the decision under review.