BMJG and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment, brought by BMJG against the Child Support Registrar. The dispute centred on the percentage of care for the child, 'A', and the date from which any revised determination should take effect. The review was heard by Dr L Bygrave, Member.

The Tribunal was required to determine whether the existing care percentage determination should be revoked and, if so, what the new percentage of care should be for BMJG and TTYQ. Additionally, the Tribunal had to consider whether an 'interim period' existed and, if so, its duration. The relevant legislation included the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth).

The Member found that while court orders from 12 September 2019 stipulated a care arrangement of 33% for BMJG and 67% for TTYQ, circumstances changed significantly on 24 February 2020. Following allegations of serious incidents made by 'A' to BMJG, and 'A' expressing a desire to live with BMJG, BMJG took 'A' into his care. Despite contravening the court orders, BMJG's actions were motivated by concern for 'A's wellbeing. The Tribunal was satisfied that an interim period commenced on 24 February 2020, the date of the change in care. This interim period concluded on 2 June 2020, when TTYQ ceased taking reasonable action to ensure compliance with the court orders.

Consequently, the decision under review was set aside. The Tribunal substituted a new determination: from 24 February 2020, BMJG had 100% care of 'A' and TTYQ had 0% care. The interim period, during which the 2019 court orders applied, commenced on 24 February 2020 and ended on 2 June 2020.