Habeck and Habeck (Child support) - [2025] ARTA 1995

Habeck and Habeck (Child support) [2025] ARTA 1995 (17 September 2025)

Applicant/s: Ms Habeck

Respondent: Child Support Registrar

Other Parties: Mr Habeck
Tribunal Number: 2025/AC029546
Tribunal:Member D Lambden
Place:Adelaide
Date: 17 September 2025

Decision:
The Tribunal sets aside the decision under review and in substitution decides that:

There has not been a change in [Child A’s] care from 20 February 2024 and Ms Habeck and Mr Habeck continue to share care on a 51/49 basis.
There was a change in [Child B’s] care from 1 July 2024, notified on 5 September 2024 to 100% in Mr Habeck’s care and 0% in Ms Habeck’s care.

CATCHWORDS

CHILD SUPPORT – percentage of care – Federal Circuit and Family Court order – particulars of the administrative assessment – application to extend the child support assessment beyond the child’s eighteenth birthday – full-time secondary education at eighteenth birthday – change to the pattern of care – parent evicted from home – lived with family until purchased new home – child chose to stay with other parent – existing percentage of care determinations revoked – new determinations made – 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

BACKGROUND

This review relates to a decision of Services Australia – Child Support (Child Support) on 26 February 2025 regarding the care of Ms Habeck and Mr Habeck’s children, [Child B] (date of birth [January] 2006) and [Child A] (date of birth [March] 2009), from 20 February 2024. [Child B], continued to be a child of the assessment until 15 November 2024 while he completed his secondary schooling and at C206 to C208 of the Tribunal papers is a copy of the decision made by Child Support on 24 September 2024. At C282 to C283 of the Tribunal papers is a copy of a document titled ‘Child Support Late Application to Continue past a child’s 18^th birthday’ from Ms Habeck which states that it is a late application to continue child support payments regarding [Child B].
There is a Federal Circuit Court of Australia order dated [May] 2024 (pages 256 to 281 of the Tribunal hearing papers) which relates to the care of [Child A]. The order specifies that the parties have agreed to have equal shared parental responsibility for [Child A] and [Child A] shall live with each party approximately equally.

There has been a child support assessment in place between Ms Habeck and Mr Habeck for the care of [Child B] and [Child A] since 15 February 2023. The pre-existing care percentages for [Child B] and [Child A] are 51% with Ms Habeck and 49% with Mr Habeck from 14 January 2023.
On 20 May 2024 Mr Habeck contacted Child Support and notified that there had been a change in care…

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.

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Details

Case: [2025] ARTA 1995
Decision Date: 17 September 2025

CaseChat Overview and Summary

In the matter of Habeck and Habeck (Child support), the Administrative Review Tribunal (ART) reviewed a decision made by Services Australia – Child Support regarding the care of the parties’ children. The dispute centred on the percentage of care attributed to each parent, Ms Habeck and Mr Habeck, for their children, [Child A] and [Child B]. The key issues before the Tribunal were whether there had been a change in care, if existing care determinations should be revoked, and if new care percentages should be attributed to the parents. The Tribunal considered the evidence provided by both parents and other relevant materials. The Tribunal found that there had not been a change in care for [Child A], and the existing care determinations of 51% to Ms Habeck and 49% to Mr Habeck continued to apply. However, for [Child B], the Tribunal found that the care changed from 1 July 2024 when [Child B] chose to live with Mr Habeck. The Tribunal revoked the existing care determinations and made new determinations of 100% care for Mr Habeck and 0% care for Ms Habeck for [Child B]. The Tribunal set aside the decision under review and substituted it with the new determinations. The Tribunal's decision was made pursuant to sections 49 and 50 of the Child Support (Assessment) Act 1989.

Orders