Tuttle and Riddle (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Tuttle and Riddle concerning the determination of the percentage of care for a child. The applicant, Tuttle, sought to review a decision made by the Registrar of the Child Support Agency regarding the child support assessment.

The primary legal issue before the Tribunal was to determine the correct percentage of care attributable to each parent, as this directly impacts the child support payable. The Tribunal was required to assess the evidence presented to ascertain the actual care arrangements for the child and whether the Registrar's decision accurately reflected these arrangements.

Member M King, sitting as the Tribunal, reviewed the evidence concerning the day-to-day care, welfare, and development of the child. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) and relevant case law concerning the assessment of care percentages. The Tribunal found that the evidence did not support the Registrar's determination of the percentage of care. Consequently, the Tribunal set aside the Registrar's decision and substituted its own finding regarding the percentage of care.