Jelen and Guy (Child Support)
[2025] ARTA 2299
•19 August 2025
Jelen and Guy (Child Support) [2025] ARTA 2299 (19 August 2025)
Applicant/s: Ms Jelen
Respondent: Child Support Registrar
Other Parties: Mr Guy
Tribunal Numbers: 2025/BC029497; 2025/BC029527
Tribunal: Member S Letch
Place:Brisbane
Date:19 August 2025
Decision:The Tribunal affirms the decisions under review.
CATCHWORDS
CHILD SUPPORT – percentage of care – cost percentages – existing percentage of care determinations not revoked – care frequently altered – historical care determinations retained – decision under review affirmed
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
Ms Jelen and Mr Guy are the parents of [Child 1] and [Child 2]. This matter concerns decisions by Child Support about their recorded care.
It is convenient by way of background to set out some extracts from the two objections officer’s decisions dated 12 March 2025 (on Mr Guy’s objections):
SUMMARY OF OBJECTION DECISION
We have made two separate decisions.
The outcome of this decision is that it has been allowed.
We have made the decision to not to revoke the pre-existing pattern of care for [Child 1] and [Child 2]
of Mr Guy providing 100% care and Ms Jelen providing 0% care from 14 August 2021, notified on 24 August 2021.Special circumstances decision
We cannot be satisfied that special circumstances prevented Mr Guy from objecting earlier.
WHEN WILL THIS CHANGE TAKE EFFECT?
This change will be applied to the child support assessment from 19 August 2024.
The effect of the objection decision is: an increase in maintenance payable by Ms Jelen.
…
WE CONSIDERED THE FOLLOWING EVIDENCE IN THE DECISION
There has been a child support assessment in place between Mr Guy and Ms Jelen for [Child 1] and
[Child 2] since 10 January 2017.The pre-existing care of [Child 1] and [Child 2] is recorded as 100% to Mr Guy and 0% care to Ms Jelen
from 14 August 2021, notified on 24 August 2021.On 30 March 2024, we applied the FAO care decision to reflect the care of [Child 1] and [Child 2] as
80% to Ms Jelen and 20% to Mr Guy from 30 December 2022, notified on 20 February 2024.
…
Both parents provided evidence. The evidence received did not provide any clear information
regarding any pattern of care from December 2022.We have made the decision to refuse to reflect the care of [Child 1] and [Child 2] as 80% to Ms Jelen
and 20% to Mr Guy from 30 December 2022, notified on 20 February 2024.As we are not satisfied there has been a change to the ongoing pattern of care for [Child 1] and
[Child 2], we have decided not to revoke the pre-existing pattern of care for [Child 1] and [Child 2] of
Mr Guy providing 100% care and Ms Jelen providing 0% care from 14 August 2021, notified on 24
August 2021.This objection is allowed.
Mr Guy objected more than 28 days from the date of the original decision.
We needed to take into account any special circumstances that may have prevented Mr Guy from
objecting earlier.This is because the care percentage can be applied from an earlier date if special circumstances
existed.WE CONSIDERED THE FOLLOWING SPECIAL CIRCUMSTANCES
Mr Guy stated they are only objecting now, because they have a private arrangement and have only
now checked the letters which show the change in care decisions.We have accepted that special circumstances did not prevent Mr Guy from objecting earlier.
As a result, we have decided to apply the care percentage from 19 August 2024.This decision is made under section 87AA(2) of the Child Support (Registration and Collection)
Act 1988.
…
SUMMARY OF OBJECTION DECISION
We are making two separate decisions:
The outcome of this decision is that it has been part allowed.
We have made the decision to reflect the care for [Child 1] as 27% to Ms Jelen and 73% to Mr Guy from 1 January 2023, notified on 30 January 2024 and;
to reflect the care for [Child 2] as 83% to Ms Jelen and 17% to Mr Guy from 22 May 2023, notified on
30 January 2024.Special circumstances
We cannot be satisfied that special circumstances prevented Mr Guy from objecting earlier.
…
The pre-existing care of [Child 1] and [Child 2] is recorded as 100% to Mr Guy and 0% care to Ms Jelen
from 14 August 2021, notified on 24 August 2021.Neither parent advised us of a court order, written agreement or parenting plan pertaining to the
care arrangements for [Child 1] and [Child 2].
…
Care percentages are determined over a care period. A care period is generally a 12-month period
from the day on which the actual care for a child changed.We find the relevant care period to be 22 May 2023 to 22 May 2024. From the information
provided, Mr Guy’s care of [Child 2] sits within the regular care bracket. Regular care is any care
between 14% (52 nights) and 34% (127 nights). The cost percentage for this range of care is 24%
regardless of the number of nights care provided within this range.Mr Guy had 65 nights care of [Child 2] (17%)
Ms Jelen had 300 nights care of [Child 2] (83%)
Ms Jelen has not provided any clear evidence that contradicts the care that is outlined within the care calendars.Therefore, we have made the decision to reflect the care for [Child 1] as 27% to Ms Jelen and 73% to
Mr Guy from 1 January 2023, notified on 30 January 2024 and;
to reflect the care for [Child 2] as 83% to Ms Jelen and 17% to Mr Guy from 22 May 2023, notified on
30 January 2024.Our records show we were notified of the change to the care arrangements of [Child 1] on 30 January 2024. As we were notified of the change more than 28 days after the change, we will apply the care percentages in the assessment as follows:
- Mr Guy’s care percentage has increased so will be applied from 30 January 2024, being the date we
were notified of the change; and
- Ms Jelen’s care percentage has decreased so will be applied from 1 January 2023, being the date
the care changed.Our records show we were notified of the change to the care arrangements of [Child 2] on 30 January 2024. As we were notified of the change more than 28 days after the change, we will apply the care percentages in the assessment as follows:
- Ms Jelen care percentage has increased so will be applied from 30 January 2024, being the date we
were notified of the change; and
- Mr Guy’s care percentage has decreased so will be applied from 22 May 2023, being the date the
care changed.The objection is part allowed.
…
Mr Guy stated they are only objecting now, because they have a private arrangement and have only
now checked the letters which show the change in care decisions.We have accepted that special circumstances did not prevent Mr Guy from objecting earlier.
As a result, we have decided to apply the care percentage from 19 August 2024.
This decision is made under section 87AA(2) of the Child Support (Registration and Collection)
Act 1988.
…
Ms Jelen and Mr Guy (and [Ms Guy]) participated in the Tribunal’s hearing by conference telephone.
In summary, Ms Jelen told the Tribunal that her issue is with a more recent decision about collection of child support (the case was previously “private collect”) and the calculation of the three month arrears. Ms Jelen has raised those matters with Child Support and recent changes are being considered separately by Child Support. Ms Jelen does not seriously dispute the care percentage determination decisions made in relation to 2022 and 2023 and the decisions made in the past; she had understood she was required to pursue those matters to resolve the recent collection of arrears.
Mr Guy did not apply to the Tribunal in relation to the objection decisions. He said his focus was not on the past but the arrangements going forward.
The Tribunal has a limited jurisdiction; the only matters for consideration are the two objection decisions dated 12 March 2025 concerned with care changes reported to have occurred on 30 December 2022 and 1 July 2023. Ms Jelen does not seriously dispute those historical care determinations. I will therefore affirm the decisions under review.
I observe that any later care changes are the subject of separate notifications and separate decisions which are not before the Tribunal in this review. The parties will, of course, be at liberty to object (or seek an extension to object) to any later decisions, including the calculation of the arrears upon the case becoming “collect”.
DECISION
The Tribunal affirms the decisions under review.
| Date(s) of hearing: | Wednesday, 30 July 2025 |
| Representative for the Applicant: | Self-represented |
| Representative for the Other party: | [Ms Guy] |
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