Kilb and Kilb (Child support)

This matter concerned an appeal to the Child Support Appeals Tribunal regarding a decision made by the Registrar of the Child Support Agency. The appeal was brought by the father, Mr. Kilb, against the mother, Ms. Kilb, concerning the assessment of child support payable for their two children. The core of the dispute revolved around the percentage of care attributed to each parent for the purposes of child support assessment.

The Tribunal was required to determine whether the Registrar had erred in finding that the children did not reside with a non-parent carer, and consequently, whether the father continued to provide care for the children in a manner that would alter the existing child support assessment. Specifically, the appeal questioned the Registrar's interpretation of the care arrangements and the impact of the mother's relocation on the children's primary residence and the father's ongoing parental responsibilities.

The Tribunal affirmed the Registrar's decision, finding no error in the assessment. It was held that the evidence did not support the contention that the children resided with a non-parent carer. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the definition of "residence" and the factual circumstances of the children's living arrangements. The Tribunal concluded that despite the mother's relocation, the children's primary residence remained with her, and the father's involvement did not constitute a change in the primary carer for the purposes of the Act.