Winslow and Garrod (Child support)

The Administrative Appeals Tribunal (AAT) considered the child support dispute between Winslow and Garrod concerning the percentage of care arrangements for their child. The primary issue was whether there had been a change to the likely pattern of care, which would justify revoking existing percentage of care determinations and making new ones. A secondary issue related to a non-agency payment made by one parent to the other at a time when no enforceable maintenance liability existed, and the intention of both parents in making and receiving that payment.

The Tribunal was required to determine whether the evidence supported a finding that the pattern of care had changed sufficiently to warrant a variation in the registered percentage of care. Furthermore, it had to assess whether the non-agency payment was made with the intention of discharging a future or existing child support liability, or if it was intended as a gift or for other purposes outside the child support scheme.

In relation to the percentage of care, the Tribunal affirmed the decision under review, indicating that the evidence did not establish a significant or lasting change to the likely pattern of care that would justify a revocation and redetermination. Regarding the non-agency payment, the Tribunal also affirmed the decision under review, finding that the payment was made while no enforceable maintenance liability was in place and that the intentions of both parents were consistent with the existing decision.