JPFR and Child Support Registrar (Child support second review)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision that affirmed a refusal to change a child support assessment. The applicant father sought to alter the existing determination, which attributed 100% care of the child to the mother, to reflect his claimed 17% care. The dispute arose after the father notified Child Support of a change in care arrangements in February 2017, which was initially accepted, leading to a significant overpayment due to a delayed agency response. The mother objected, asserting she retained 100% care due to safety and practical concerns, and that the father's care was inconsistent.

The Tribunal was required to determine whether the existing care determination should be revoked, and if so, what percentage of care should be attributed to each parent and the effective date of any new determination. This involved assessing whether the father had satisfied the criteria for a change in care, specifically whether he had provided care for at least 52 days in the 12 months following his notification and whether an identifiable change in the pattern of care had occurred.

The Tribunal considered extensive documentary evidence from both parents, including care calendars, court orders, statements from third parties, and various communications. The Tribunal also heard oral evidence from both the father and the mother. The father relied on retrospective care calendar entries, third-party statements, and other documents to support his claim of an established pattern of care. The mother presented evidence including work and study calendars, affidavits, and statements from various individuals to counter the father's claim and assert her continued primary care. Ultimately, the Tribunal was not satisfied that the father had provided care for at least 52 days in the relevant 12-month period, nor that there had been an identifiable change in the pattern of care at the time of notification or in the subsequent year.

Consequently, the Tribunal affirmed the decision under review, meaning the existing child support assessment with 100% care attributed to the mother remained in place.