Cezil and Roseaman (Child support) [2025] ARTA 958 (22 May 2025)
Applicant: Mr Cezil
Respondent: Child Support Registrar
Other Parties: Ms Roseaman
Tribunal Numbers: 2024/SC028672, 2024/SC029077
Tribunal: General Member A Shelley
Place: Canberra
Date: 22 May 2025
Decision:
2024/SC028672
The Tribunal sets aside the decision under review and, in substitution, decides that:
The existing percentages of care are revoked under subsection 54H(1) of the Child Support (Assessment) Act 1989,
In accordance with subsection 54H(2), the revocation takes effect on 27 March 2024,
Under subsection 50(2), the percentages of care for [Child 1] are 12% for Mr Cezil and 88% for Ms Roseaman, and the percentages of care for [Child 2] are 10% for Mr Cezil and 90% for Ms Roseaman, from 28 March 2024.
2024/SC029077
The Tribunal sets aside the decision under review and in substitution decides that the cost of glasses purchased for [Child 1] in May 2024 should not be credited as a non-agency payment.
CATCHWORDS
CHILD SUPPORT – percentage of care – change to the likely pattern of care – existing percentage of care determinations revoked – new determinations made – period of one parent’s overseas holiday – non-agency payment – decision under review set aside and substituted
Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 201(1A) of the Social Security (Administration) Act 1999.
Statement of Reasons
BACKGROUND
Mr Cezil and Ms Roseaman are the parents of 2 children, [Child 1] (born in 2010) and [Child 2] (born in 2012), in respect of whom a child support assessment has been in place since 30 January 2022.
This review is about two things:
· in application 2024/SC028672, the percentage of care for each parent that applies in relation to the administrative assessment of child support for the children (the care percentage matter), and
· in application 2024/SC029077, whether the amount paid by Mr Cezil for new glasses, for one of the children, can be credited to his child support liability (the non-agency payment matter).
As to the care percentage matter, on 28 March 2024, Mr Cezil notified Services Australia (Child Support) of a change of care for the children. On 20 May 2024 Child Support determined that for both children the care was 92% to Ms Roseaman and 8% to Mr Cezil, from 13 November 2023, implicitly revoking an earlier assessment of 100% and 0% respectively.
The following day, Mr Cezil contacted Child Support, objecting to the decision.
The objection was partly allowed. The objection decision dated 3 September 2024 maintained the decision to reflect care of [Child 2] of 92% and 8% (respectively) but found that the care of [Child 1] was 93% and 7% (respectively). That decision was notified to the parties under cover of letter dated 4 October 2024.
As to the non-agency payment matter, Mr Cezil purchased glasses for [Child 1] in May 2024. On…
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- Case
- [2025] ARTA 958
- Decision Date
CaseChat Overview and Summary
The Tribunal set aside the previous decisions and made new determinations. The existing percentages of care were revoked, and the new percentages of care for each parent were determined. The Tribunal also decided that the cost of glasses for one child should not be credited as a non-agency payment.
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