JJMC and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment, brought by JJMC against the Child Support Registrar. The core of the dispute revolved around whether there had been a change in the pattern of care for the children, L and K, which would warrant a revocation of the existing care percentage determination. The review was conducted by Senior Member O'Donovan.

The legal issue before the Tribunal was whether the statutory requirements for revoking a care percentage determination under the Child Support (Assessment) Act 1989 were met. Specifically, the Tribunal had to consider the provisions of sections 54F, 54G, and 54H of the Act to determine if the existing care percentage determination should be revoked due to a change in the pattern of care between August 2019 and February 2022.

Senior Member O'Donovan found that the preconditions for revocation under sections 54F, 54G, and 54H were not established. The Tribunal noted that section 54G was inapplicable as the father had at least regular care during the relevant period. Under section 54F, the care in place at the commencement of the period corresponded with the existing percentage, and no change was found to have occurred up to February 2022. Similarly, section 54H did not provide a basis for revocation as the care arrangement had not changed from the initial determination. Despite having doubts about the father's honesty, the Tribunal concluded that there was insufficient evidence to make an affirmative finding of dishonesty.

Consequently, the Tribunal was not satisfied that any of the preconditions for revoking the care percentage determination had been met. The decision under review was affirmed.