Buchanan and Buchanan (Child support)

Ms Buchanan applied to the Administrative Appeals Tribunal (AATA) for a review of a decision made by the Child Support Registrar concerning the percentage of care she and Mr Buchanan had for their daughter. The dispute centred on the correct determination of care percentages for the purpose of child support assessment, particularly in light of the child attending boarding school and the parents' separation.

The tribunal was required to determine the correct percentage of care attributable to each parent and the date of effect for any revised decision. This involved considering the actual pattern of care for the child from the date of Ms Buchanan's application for an administrative assessment of child support, and whether any special circumstances existed to justify a late application for review. The tribunal also had to consider the weight to be given to various factors, including financial contributions, non-financial support, and the practical arrangements for the child's accommodation and daily needs, especially given the child's attendance at boarding school.

The tribunal reasoned that the child's attendance at boarding school meant that the concept of "nights in care" was not the sole determinant of care percentage. Instead, it considered the overall responsibility for the child's needs, including accommodation, education, and emotional support, as outlined in *Polec & Staker & Anor*. The tribunal found that the pattern of care at the time of Ms Buchanan's application largely reflected the pre-separation arrangements, where the child attended boarding school during term and returned to [Town] for holidays, staying at the former matrimonial home. While Mr Buchanan had moved out of the matrimonial home, the tribunal noted that both parents continued to provide emotional support and communicate with the child. The tribunal concluded that the most consistent evidence indicated an equal, 50% care arrangement between the parents at the time of the application. Regarding the review application, the tribunal found no special circumstances to justify the late lodgement.

Consequently, the tribunal set aside the Registrar's decision and substituted a new decision that Ms Buchanan and Mr Buchanan each have 50% care of the child. The tribunal declined to make a determination under subsection 95N(2) of the *Child Support (Registration and Collection) Act 1988*, and the decision was to have effect from 1 September 2020.