Cable and White (Child support)

Mr Cable and Ms White, the parents of two children, sought review of decisions made by the Child Support Registrar concerning the percentage of care each parent had for their children from July 2019. The dispute centred on the date from which a change in the care arrangements, specifically a reduction in the father's care and a corresponding increase in the mother's care, should be effective. The Administrative Appeals Tribunal (AATA) heard the matter.

The tribunal was required to determine the parents' respective care percentages from July 2019 and, if a change had occurred, the date of effect of that change. This involved considering the actual and likely pattern of care in accordance with section 50 of the Child Support (Assessment) Act 1989, which requires the decision-maker to assess care based on actual care at the time of notification and likely care thereafter. The core of the contention was whether the change in care commenced on 21 July 2019, as initially asserted by the father, or 2 August 2019, as asserted by the mother.

The tribunal placed significant weight on an email sent by the father on 31 July 2019, which indicated he might be able to accommodate the child for a weekend. The tribunal found that the first Friday after this email was 2 August 2019, and concluded that the father resumed his care of the children consistent with the parenting plan from this date. The tribunal also considered paragraph 54F(3)(b) of the Act, which addresses the date of revocation when notification of a care change occurs outside the 28-day period.

Consequently, the tribunal set aside the decisions under review. In substitution, it determined that the father's care percentage of 0% was revoked and replaced with a new care percentage of 28% effective from 16 September 2019. The mother's care percentage of 100% was revoked and replaced with a new care percentage of 72% effective from 2 August 2019.