Ascroft and Skaife (Child support) - [2025] ARTA 625

Ascroft and Skaife (Child support) [2025] ARTA 625 (28 February 2025)

Applicant: Ms Ascroft

Respondent: Child Support Registrar

Other Parties: Mr Skaife
Tribunal Number: 2024/AC028649
Tribunal:Senior Member S Trotter
Place:Brisbane
Date:28 February 2025

Decision:The Tribunal sets aside the decision under review and substitutes a new decision that, in respect of [Child 1]:
1.the existing percentage of care determination of 86% to Ms Ascroft is revoked from 24 March 2022 and replaced with a new percentage of care determination of 72% applying from 25 March 2022;
2.the then existing percentage of care determination of 72% to Ms Ascroft is revoked from 20 December 2023 and replaced with a new percentage of care determination of 67% applying from 21 December 2023; and
3.the then existing percentage of care determination of 14% to Mr Skaife is revoked from 23 April 2024 and replaced with a new percentage of care determination of 33% applying from 24 April 2024.

The Tribunal determines pursuant to subsection 95N(2) of the Child Support (Registration and Collection) Act 1988 that subsection 95N(1) of that Act applies in this matter as if the reference to 28 days in paragraph 95N(1)(b) was a reference to a longer period extending until 2 October 2024.

Statement made on 28 February 2025 at 4:34pm

CHILD SUPPORT – percentage of care – change of care occurred – date of effect – relevant considerations – existing care determination revoked – decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

BACKGROUND

Ms Ascroft and Mr Skaife are parties to a child support case registered with Services Australia – Child Support (Child Support) in relation to financial support to be provided for [Child 1] (born 2011). This application concerns a single decision of Child Support about the percentage of care determinations for each parent for [Child 1] utilised in calculation of the child support liability.
The existing percentage of care determinations applying in the child support case for [Child 1] were 86% to Ms Ascroft and 14% to Mr Skaife. Child Support’s records show that on 23 April 2024, Mr Skaife notified Child Support that the care of [Child 1] had changed to 37% to him and 63% to Ms Ascroft from 1 March 2020.
On 2 May 2024, Child Support decided to revoke the existing percentage of care determinations and record new percentage of care determinations of 63% to Ms Ascroft and 37% to Mr Skaife. Notably, as Mr Skaife notified the change of care on 23 April 2024, more than 28 days after the change of care was found to have occurred on 1 March 2020, pursuant to the relevant child support legislation the recorded increased percentage of care determination from 14% to 37% to Mr Skaife only applied from 23 April…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] ARTA 625
Decision Date: 28 February 2025

CaseChat Overview and Summary

The case of Ascroft and Skaife (Child support) involved Ms Ascroft and Mr Skaife, parents to [Child 1], seeking a review of a decision by the Child Support Registrar concerning the percentage of care determinations used in calculating child support. The primary issue was whether the existing percentage of care determinations should be revoked and what the new percentages should be, along with the dates of effect for these changes. The parties had differing accounts of when changes in care occurred, with Ms Ascroft asserting that changes did not happen until 2022 and 2023, while Mr Skaife maintained that changes had occurred earlier, in 2020. The court found that changes in care did indeed occur on 25 March 2022 and 21 December 2023, necessitating the revocation of existing care percentages. Consequently, the new percentages of care were set at 72% for Ms Ascroft and 28% for Mr Skaife from 25 March 2022, and 67% for Ms Ascroft and 33% for Mr Skaife from 21 December 2023. The court also extended the time frame for the application of its decision due to special circumstances that delayed Ms Ascroft's application for review.

Orders