Wallage and Seabaugh (Child support)

This matter concerned an appeal by the applicant, Wallage, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify revoking existing percentage of care determinations and making new ones. The Administrative Appeals Tribunal (AAT) was required to determine the appropriate percentage of care for the child.

The primary legal issue before the Tribunal was whether the evidence established a material change in the likely pattern of care for the child since the last assessment. This involved considering the factual circumstances of the child's living arrangements and the intentions of the parents regarding future care. The Tribunal had to assess whether the proposed change in care arrangements was likely to persist and constitute a significant alteration to the existing care regime.

The Tribunal affirmed the decision of the Child Support Registrar, finding that there had been a change to the likely pattern of care for the child. The Tribunal's reasoning focused on the evidence presented regarding the child's actual living arrangements and the parents' expressed intentions for the future. It was satisfied that the new pattern of care was likely to continue and that the existing percentage of care determinations were no longer reflective of the reality of the child's upbringing. Consequently, the Tribunal revoked the existing determinations and made new percentage of care determinations.