JDWM and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support percentage of care determination before the Child Support Registrar. The applicant, JDWM, sought to challenge a previous determination that had assigned 73% of care to the child's mother for the period between 13 July 2019 and 10 January 2021.

The primary legal issue before the Tribunal was to determine whether the percentage of care attributed to JDWM had changed during the relevant period, specifically considering whether the child was independent from the parent during particular periods and had completed considerable periods of work in a location different to that of the parent. The Tribunal was required to apply the criteria for determining the extent to which a parent has care of a child under the relevant legislation.

The Tribunal found that the mother had 73% care during the specified care period. Consequently, the decision under review was set aside and substituted with a new determination. The original percentage of care determination was revoked from 12 July 2019 and replaced with a determination that JDWM had 73% care for the period from 13 July 2013 to 10 January 2021.