JSGN and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support decision before the Administrative Appeals Tribunal. The applicant, JSGN, sought to challenge a decision that neither party had provided care for the child, S, during a relevant period. The dispute centred on the percentage of care attributed to the applicant and the effective date of any change in care arrangements.

The Tribunal was required to determine whether the child, S, was living with the applicant during the relevant care period and, consequently, whether the applicant provided 100% of the child's care. This involved assessing whether the actual care arrangements had changed and, if so, the date from which such a change should be considered effective for the purposes of child support assessment.

The Tribunal found that there was sufficient evidence to conclude that the child, S, was in the applicant's care for the relevant period. Accordingly, the Tribunal determined that the applicant provided 100% of the child's care and the other party provided 0% care during that period. The Tribunal set aside the previous decision and substituted its own finding, with the effective date of this new decision being 19 August 2020.