DNTV and Child Support Registrar (Child support second review)

This matter concerned a review by the Tribunal of a decision made by the Administrative Appeals Tribunal (AAT) regarding the percentage of care provided by the Father and Mother to their Children. The dispute arose from the Father’s notification to the Child Support Agency of a claimed change in care arrangements from 13 November 2022, which the Mother disputed. Existing care percentage determinations had previously established that the Father provided 11% care and the Mother 89% care.

The Tribunal was required to determine whether the existing care percentage determinations should be revoked, and if so, what percentages of care should be attributed to each parent for an appropriate care period, and from what date any new percentages should take effect. The central question was whether the care arrangements had changed from 13 November 2022, necessitating a revocation of the existing determinations.

The Tribunal considered the evidence regarding the actual care provided by each parent. It noted that the AAT had found that the Father had 31 out of 58 nights of care between 13 November 2022 and 2 January 2023. However, the Tribunal also considered the established pattern of care, which involved the Father having half of the school holidays each year, equating to approximately 42 nights annually. The Tribunal determined that the relevant care period for its consideration was from 13 November 2022 to 16 September 2023, a period of 307 nights. Based on the agreed and established care arrangements, the Tribunal found that the Children spent 45 nights with their Father during this period, which equated to 14.65% of care.

The Tribunal ordered that the existing care percentage determinations be revoked. It determined that the Father provided 14.65% care and the Mother provided 85.35% care for the period from 13 November 2022 to 16 September 2023. These percentages were to be rounded in accordance with section 54D of the Assessment Act.