JDTX and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support decision by the Administrative Appeals Tribunal. The dispute involved the calculation of the percentage of care provided by each parent, JDTX and the Child Support Registrar, for the subject child. The core of the disagreement centred on how school holidays, specifically an additional week, impacted the overall care percentage and, consequently, the child support assessment.

The Tribunal was required to determine whether the existing care determination accurately reflected the actual care arrangements, particularly in light of the extended school holiday period. It also needed to consider whether the Registrar's audit of care hours was an appropriate method for determining the percentage of care and whether the existing care determination should be revoked and a new one made.

The Tribunal found that an audit based on hours of care was not the appropriate method for determining the percentage of care in this instance. It revoked the previous care determination under section 50(1)(b) of the relevant legislation. Applying the principles of section 54F, the Tribunal made a new care determination, finding that for the period from 9 January 2022 to 30 January 2023, the father had 63% of the child's care and the mother had 37% of the child's care. This variation was based on an analysis of the mother's 2021 calendar, which indicated a typical pattern of care with 125 nights of care, resulting in a 33% care percentage for the mother and a 24% cost percentage. The Tribunal concluded that this 67%/33% split was likely to be the future pattern of care, avoiding further disputes.