Caldwell and Caldwell (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision by the Child Support Registrar concerning the percentage of care attributed to the applicant, Ms. Caldwell, for the parties' child. The dispute centred on the Registrar's assessment of the child's living arrangements and the resulting child support assessment.

The primary legal issue before the Tribunal was whether the Registrar's decision to attribute a specific percentage of care to Ms. Caldwell was correct. This required the Tribunal to consider the evidence presented regarding the actual hours of care provided by each parent and to determine if these arrangements met the threshold for a particular care percentage under the relevant child support legislation.

The Tribunal reviewed the evidence, including the Registrar's assessment and the submissions of both parties. It applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) and associated regulations, which govern the calculation of child support based on care percentages. The Tribunal found that the Registrar's assessment did not accurately reflect the factual circumstances of the child's care. Consequently, the Tribunal set aside the Registrar's decision and substituted its own finding regarding the percentage of care.