BMXB and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support decision, brought before the Administrative Appeals Tribunal by the Father (BMXB) against the Child Support Registrar. The dispute centred on the correct care percentage attributed to each parent for the period commencing 5 April 2019, following Federal Court parenting orders that established a two-year care period.

The Tribunal was required to determine the actual care of the children by each parent from 5 April 2019, and whether the care percentage previously determined by the Child Support Registrar accurately reflected this actual care.

The Tribunal accepted the Father's assertion, which was agreed to by the Mother, that the care percentage from 5 April 2019 was 65% to the Mother and 35% to the Father. This finding was based on the Tribunal's analysis of the Mother's calendar of care. Consequently, the Tribunal set aside the previous decision of the Administrative Appeals Tribunal dated 31 May 2021 and substituted a finding that the care of the sons from 5 April 2019 was 35% to the Father and 65% to the Mother.