Allpress and Allpress (Child support)

The Administrative Appeals Tribunal reviewed two decisions made by the Child Support Agency (CSA) on 31 August 2018 concerning child support for the parties' child. The first decision granted the mother's application for a child support assessment, and the second determined the percentages of care to be 100% for the mother and 0% for the father. The father's objection, and therefore the Tribunal's jurisdiction, was limited to the second decision regarding the care percentages.

The Tribunal was required to determine the correct percentages of care for the father and mother from 10 April 2018, and the date from which these percentages should apply. The Tribunal also considered whether there were special circumstances that prevented the father from lodging his objection within the prescribed time.

The Tribunal considered evidence suggesting that the parents were living under the same roof when the child support assessment was made, which indicated a shared care arrangement. Applying the principles outlined in the Child Support Guide, which generally regards parents living in the same house and contributing similarly to a child's care as sharing care equally (50% each), the Tribunal found that the CSA's initial determination of 100% care for the mother was incorrect. The Tribunal also found that special circumstances existed which prevented the father from lodging his objection in time.

The Tribunal set aside the CSA's decision regarding the care percentages and substituted it with a determination that the parents shared care equally, with each parent having a 50% care percentage. This revised care percentage was to apply from 10 April 2018.