FWGS and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before the Administrative Appeals Tribunal. The dispute centred on the percentage of care each parent, the Applicant and the Other Party, had of the child following the cessation of a previous child support assessment on 8 July 2018. The core of the disagreement lay in determining the commencement and cessation dates of any care arrangements and the respective care percentages applicable from that point onwards.

The Tribunal was required to determine whether either parent had a "pattern of care" for the child after 8 July 2018, and if so, what percentage of care each parent held and for what periods. This involved assessing the evidence presented by both parties regarding their involvement in the child's daily life, financial contributions, and decision-making responsibilities. The Tribunal also had to consider the effective date of any revised child support assessment, particularly in light of an earlier decision to extend the time for lodging an application for review due to special circumstances.

In its reasoning, the Tribunal applied the ordinary meaning of "pattern of care" as an undefined term under the Assessment Act. The Tribunal found that the Other Party had established a pattern of care, being responsible for the child's living arrangements, costs, and day-to-day matters, including during periods when the child did not reside with her continuously. Conversely, the Tribunal concluded that the Applicant's involvement, primarily through occasional financial contributions to the child without regularity or specific parameters for use, did not constitute a pattern of care. The Applicant's involvement in decision-making was also found to be significantly less than that of the Other Party.

Consequently, the Tribunal affirmed the reviewable decision. It determined that from September or October 2018, the Other Party held 100% of the care for the child, with this percentage to be applied to the child support assessment from the application date of 7 February 2019.