Ascencio and Jefferson (Child support)

Mr Ascencio applied to the Administrative Appeals Tribunal (AAT) for a review of decisions made by the Child Support Registrar concerning child support for his child, [Child 1], with Ms Jefferson. The dispute centred on the registration of a child support case, the determination of care percentages, and the collection of child support arrears. Mr Ascencio objected to the Registrar's decision to register the case, record him as providing 0% care, and collect arrears, arguing that he and Ms Jefferson were living together in a genuine domestic relationship at the time the case was registered.

The primary legal issue before the Tribunal was whether Ms Jefferson's application to register a child support case in August 2014 should have been accepted. This required determining if the parties were living together as partners on a genuine domestic basis at that time, as this condition is a prerequisite for registration under section 25(b) of the Child Support (Assessment) Act 1989. Consequently, the Tribunal also had to consider the validity of the subsequent decisions regarding care percentages and the collection of arrears, which were contingent on the initial registration.

The Tribunal found that the evidence supported Mr Ascencio's assertion that he and Ms Jefferson were living together in a genuine domestic relationship in August 2014. This conclusion was based on Mr Ascencio's sworn evidence, which indicated they resided in the same house, shared a bed, and participated in family life as a couple. The Tribunal also noted that Ms Jefferson's own statements, particularly regarding her shame and anxiety about receiving single parent payments, were more consistent with Mr Ascencio's account of their cohabitation than her claims of separation. Given that the requirement for registration under section 25(b) of the Act was not met, the Tribunal determined that Ms Jefferson's application to register the child support case should have been refused.

In light of this finding, the Tribunal set aside the Registrar's decision to register the child support case and, in substitution, decided to refuse Ms Jefferson's application. Consequently, the Tribunal also set aside the decisions to record Mr Ascencio as providing 0% care and Ms Jefferson as providing 100% care, and decided not to make a care determination. Furthermore, the decision to collect child support arrears for the period of 22 October 2019 to 21 January 2020 was set aside, with the Tribunal determining that no child support arrears were owed for that period.