Deng and Deng (Child support)

This matter concerned an appeal by the father, Mr Deng, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on the likely pattern of care from the commencement of the administrative assessment of child support. The father contended that the Registrar had incorrectly determined the percentages of care, which consequently impacted the child support payable. The appeal was heard by Member M Kennedy.

The primary legal issue before the Member was whether the Registrar had correctly determined the percentage of care arrangements for the child at the time the child support assessment commenced. This involved an examination of the evidence presented regarding the actual care provided by each parent and the likely future pattern of care, to ascertain if the assessment accurately reflected the child's living arrangements.

Member Kennedy reviewed the evidence and the relevant provisions of the *Child Support (Registration and Collection) Act 1988*. The Member found that the Registrar's decision was not supported by the evidence concerning the pattern of care from the start of the assessment. Applying the principles of assessing care percentages, the Member concluded that the Registrar had erred in their determination. Consequently, the decision under review was set aside and substituted with a new determination of the care percentages.