Eldritch and Singleton (Child support) - [2025] ARTA 509

Eldritch and Singleton (Child support) [2025] ARTA 509 (28 February 2025)

Applicant/s: Mr Eldritch

Respondent: Child Support Registrar

Other Parties: Ms Singleton

Tribunal Number: 2024/SC028810
Tribunal: Senior Member A Suthers
Place:Perth
Date:28 February 2025

Decision:The decision under review is set aside and, in substitution, the existing percentages of care will not be revoked in accordance with the notification of change by Ms Singleton on 30 January 2024.
This decision will have effect on and from 4 November 2024.

CATCHWORDS

CHILD SUPPORT – percentage of care – change to the likely pattern of care – withholding care – existing percentage of care determinations not revoked – child moved overseas away from parents – parents retained caring authority – written billeting agreement – 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 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

SUMMARY

The Child Support (Assessment) Act 1989 (the Act) provides for Services Australia – Child Support (Child Support) to make an administrative assessment of child support. Child Support does so by reference to the relevant legislation and to the Child Support Guide (the Guide), published by the Australian Government, where relevant. The Guide contains governmental guidelines and statements of policy as to how the relevant legislation is to be applied.
Under sections 25 and 25A of the Act, a parent or non-parent carer of a relevant child may apply for an administrative assessment. If the necessary conditions are met, Child Support must make the assessment using a formula containing variables such as the adjusted taxable incomes of the parties to the assessment (the parties) and the respective percentages of care the parties have provided, or are likely to provide, for each relevant child, in the ‘care period’ that Child Support decides it is appropriate to consider.
Child Support usually considers a care period of 12 months from when the actual care of a child began or changed: subparagraph 50(1)(b)(ii) of the Act and section 2.2.1 of the Guide. If the assessment is made before the end of the care period, Child Support must make a partially forward-looking judgment as to the care of each relevant child a party to the assessment is likely to provide over the period.
In doing so, Child Support considers whether the parties have had, or are likely to have, a ‘pattern of care’ for the child during the care period. The pattern of care informs the assessment of the ‘percentage of care’ used in the formula. The pattern and percentage of care will commonly be determined by reference to the number of nights each child spends in the care of each party to the assessment: section 54A of the Act and section 2.2.1 of the Guide.
Once an assessment of the percentage of care is made and applied in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Eldritch and Singleton (Child support)

Details

AGLC: Eldritch and Singleton (Child support) [2025] ARTA 509
Case: [2025] ARTA 509
Decision Date: 28 February 2025

CaseChat Overview and Summary

This matter concerns an application by Mr Eldritch for review of a decision made by the Child Support Registrar regarding the assessment of child support. The Registrar had determined, following a notification by Ms Singleton of a change to the care arrangements for [Child 1], that Mr Eldritch and Ms Singleton had ceased to provide any care to [Child 1]. Mr Eldritch sought review of that decision on the basis that he had not ceased to provide care to [Child 1]. The Tribunal was required to consider whether a material change to the pattern of care had occurred, and if so, whether the existing percentages of care should be revoked, and if so, what the new percentages should be.

The Tribunal found that a change to the pattern of care had occurred when [Child 1] moved overseas on 1 September 2023. However, the Tribunal was satisfied that the existing percentages of care should not be revoked. Mr Eldritch retained primary responsibility for making major decisions relating to [Child 1]'s health and education, and was meeting almost all of [Child 1]'s costs, with a contribution having been made by Ms Singleton. The Tribunal adopted a broad brush approach in assessing the parties' respective percentages of care and concluded that if re-determined, the parties' respective percentages of care would remain at 90% to Mr Eldritch, and 10% to Ms Singleton.

The decision under review is set aside and, in substitution, the existing percentages of care will not be revoked in accordance with the notification of change by Ms Singleton on 30 January 2024. This decision will have effect on and from 4 November 2024.

Orders