Waters and Fulton (Child support)

The matter of *Waters and Fulton* concerned a dispute regarding the percentage of care arrangements for a child. The applicant, Waters, sought to have the existing percentage of care determinations revoked and new determinations made. The respondent, Fulton, opposed this application. The case was heard by Member Sutherland M of the Child Support Division of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care for the child that would justify revoking the existing percentage of care determinations and making new ones. This required the Tribunal to assess the evidence presented by both parties regarding the actual care arrangements and the anticipated future care arrangements for the child.

Member Sutherland M considered the evidence and applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes in the pattern of care. The Tribunal found that the evidence demonstrated a significant and likely ongoing change in the pattern of care for the child. Consequently, the existing percentage of care determinations were deemed no longer appropriate. The Tribunal set aside the previous decisions and made new percentage of care determinations reflecting the altered care arrangements.