Goggin and Child Support Registrar (Child support)

This matter concerned an appeal by Mr Goggin against a decision of the Child Support Registrar regarding the percentage of care for his child, [Child 1]. The dispute centred on whether there had been a change to the likely pattern of care for [Child 1] during a specific period, which would affect the assessment of child support obligations. The Tribunal was required to determine the appropriate care period and the extent to which parental responsibility was exercised by each parent during that time.

The Tribunal considered the legal issue of delegated care, referencing the Full Federal Court's decision in *Secretary, Department of Social Security v Lowe* (1999) 56 ALD 609, which held that a child staying with relatives or at boarding school does not necessarily deny the enduring role of a caring parent. The Tribunal also referred to the Australian Government’s Child Support Guide, which outlines factors to consider when determining care, including the extent of control over the child, responsibility for meeting the child's needs, and financial support. The court examined evidence regarding [Child 1]'s living arrangements with Ms B, the financial contributions made by Ms A, and the decision-making responsibilities of both parents.

The Tribunal found that while [Child 1] boarded with Ms B from January 2019 to January 2020, this arrangement was primarily for schooling purposes and did not constitute a delegation of parental responsibility. Evidence indicated that Ms A continued to make major decisions regarding [Child 1]'s education, health, and daily activities, and provided financial support. Mr Goggin's opposition to the boarding arrangement and his claims regarding [Child 1]'s independence and Centrelink payments were not substantiated by the evidence. Consequently, the Tribunal concluded that there was no change in the percentage of care for either Ms A or Mr Goggin during the relevant period.

The decision under review was affirmed.