Wilbourn and Mollett (Child support)

The Administrative Appeals Tribunal (AAT) considered the child support percentage of care arrangements between the parties, Wilbourn and Mollett. The dispute concerned 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 primary legal issue before the Tribunal was to determine whether the evidence established a material change in the likely pattern of care for the child, such that the existing percentage of care determinations were no longer accurate or appropriate. This required the Tribunal to assess the factual circumstances of the child's living arrangements and the likelihood of those arrangements continuing into the future.

The Tribunal affirmed the decision under review, finding that the evidence supported a change in the likely pattern of care. The Tribunal applied the principles governing the assessment of percentage of care, considering the factual circumstances presented and the legislative framework for child support. The Tribunal's reasoning focused on the practical realities of the child's living arrangements and the stability of those arrangements going forward.