Winkles and Child Support Registrar (Child support)

The Administrative Appeals Tribunal reviewed a decision of the Child Support Registrar concerning the percentage of care arrangements for a child. The applicant, Mr Winkles, sought to have the existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care.

The Tribunal was required to determine whether the Registrar’s decision to revoke the existing percentage of care determinations and make new ones was justified. Specifically, the Tribunal had to consider whether the evidence established a change in the likely pattern of care that warranted a departure from the existing arrangements.

The Tribunal affirmed the Registrar's decision, finding that the evidence presented demonstrated a significant and likely ongoing change in the pattern of care. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, which allow for the revocation and making of new percentage of care determinations where there has been a change in the likely pattern of care. The Tribunal was satisfied that the new pattern of care was likely to continue for at least 12 months, thereby meeting the threshold for making new determinations.