Keenum and Keenum (Child support)

This matter concerned an appeal by the father, Mr Keenum, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute arose following a significant change in the child's living arrangements, with the child having moved out of the mother's home. The existing percentage of care determinations were revoked, and new determinations were made by the Registrar.

The primary legal issue before the Tribunal was whether the Registrar had erred in revoking the existing percentage of care determinations and in making new determinations, and if so, what the correct percentage of care should be and from what date it should take effect. The Tribunal was required to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1988* (Cth) concerning changes in care arrangements and the retrospective application of care determinations.

The Tribunal found that the Registrar had correctly identified a change in the child's living arrangements and had the power to revoke existing determinations and make new ones. However, the Tribunal determined that the Registrar had erred in the calculation of the new percentage of care, specifically in relation to the period the child had been living away from the mother's home. The Tribunal applied the principles of the *Child Support (Assessment) Act 1988* to assess the factual circumstances of the care arrangements, concluding that a new percentage of care should be determined based on the evidence presented.

The Tribunal set aside the decision under review and substituted its own decision, determining a new percentage of care for the father and ordering that this new determination take effect from the date the child ceased residing in the mother's home.