KFSV and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before the Administrative Appeals Tribunal. The applicant, Ms KFSV, and the child's father, QWKK, were the parents of a child born in September 2016. Following their separation, Ms KFSV applied for a child support assessment, asserting she had 100% care of the child from September 2017. The Child Support Registrar initially accepted this, but the father objected, claiming a 50/50 shared care arrangement until he moved out in May 2018. An initial review by the Tribunal (AAT1) upheld the father's claim, setting aside the 100% care determination and finding a 50/50 split for a specific period. Ms KFSV appealed this decision, arguing she was unaware of the AAT1 proceedings.

The Tribunal was required to determine the extent of actual care each parent provided for the child during the relevant period, specifically from 13 April 2018 to 21 May 2018, and whether the AAT1's decision was correct. This involved considering the meaning of "ongoing daily care" as outlined in the Child Support Guide, which includes factors such as control over the child, responsibility for major decisions, meeting the child's needs (accommodation, food, health, education, emotional support), and financial contributions. The Tribunal also had to consider Ms KFSV's assertion that she was not properly notified of the AAT1 proceedings.

The Tribunal found that the applicant, Ms KFSV, satisfied all the factors outlined in the Child Support Guide regarding the provision of ongoing daily care and financial support for the child. Conversely, it concluded that the child's father discharged none of the responsibilities or financial support arrangements. The Tribunal also noted that the applicant claimed she was denied the opportunity to participate in the AAT1 proceedings due to a lack of proper notification.

The decision under review was set aside. The Tribunal substituted its own determination that Ms KFSV had 100% care of the child from 1 September 2017, and ordered that a recalculation of the child support assessment for the period from 13 April 2018 to 21 May 2018 be made accordingly.