GYJV and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support decision before the Administrative Appeals Tribunal. The parties involved were GYJV and the Child Support Registrar, with MQBK acting as the applicant in relation to the care percentage of Child A. The dispute centred on whether MQBK's existing 100% care percentage for Child A should be revoked or maintained during a period when Child A was participating in an exchange program in France between September 2015 and August 2016.

The Tribunal was required to determine whether the existing care percentage determination for Child A remained applicable during the period of the exchange program. Specifically, the Tribunal had to consider whether MQBK continued to provide a pattern of care that corresponded to her existing care percentage, despite Child A being overseas, and whether there was any basis to change the established care percentages.

In reaching its decision, the Tribunal considered the evidence presented by MQBK regarding the financial, emotional, and practical support provided to Child A during the exchange. This included regular communication, financial contributions towards Child A's expenses such as clothing, food, travel, and schooling, and the maintenance of a room for Child A in the family home. Applying the principles outlined in the Guide and relevant case law, the Tribunal was satisfied that Child A remained financially and emotionally reliant on her parents during this period. Although the nature of daily contact changed, MQBK continued to be responsible for providing essential support, leading the Tribunal to conclude there was no basis to alter the care percentages.

Consequently, the Tribunal affirmed the decision under review, finding that the care percentages applicable to Child A from 3 September 2015 remained unchanged.