Alves and Alves (Child support)

This matter concerned an application for review by Ms Alves of decisions made by the Child Support Registrar concerning the percentage of care for her two daughters, who are now aged 17 and 19. The dispute arose from a change in the children's living arrangements, where Mr Alves asserted he had the children in his care 100% of the time from approximately April 2019 to November 2019, while Ms Alves maintained a different timeline and percentage of care during that period. The Administrative Appeals Tribunal (the tribunal) was required to determine whether the pattern of care for the children had changed, whether new care percentage determinations should apply, and what the effective date of those new determinations should be.

The tribunal considered the evidence presented by both Ms Alves and Mr Alves, as well as the records of Services Australia. It found that the pattern of care for the children had indeed changed from 6 April 2019, with Mr Alves having 100% care and Ms Alves having no care during that period. Consequently, the tribunal determined that new percentage of care determinations were necessary under sections 49 and 50 of the Child Support (Assessment) Act 1989, resulting in a 0% care determination for Ms Alves and a 100% care determination for Mr Alves. The tribunal also addressed the effective date of these new determinations, considering Ms Alves's objection lodged outside the standard 28-day period.

In relation to the effective date, the tribunal found that special circumstances existed, as contemplated by subsection 87AA(2) of the Child Support (Registration and Collection) Act 1988, which prevented Ms Alves from lodging her objection within the prescribed timeframe. The tribunal was satisfied that Ms Alves had taken reasonable steps to notify the Agency of her concerns and that extending the objection period to commence from 6 April 2019 would not prejudice Mr Alves. Therefore, the tribunal affirmed the decisions of the objections officer, confirming that the new care percentage determinations of 0% for Ms Alves and 100% for Mr Alves were to apply from 6 April 2019.