KJKB and Child Support Registrar (Child support second review)

This matter concerned an application by Mr K to review a decision of the Social Security Appeals Tribunal regarding child support percentage of care arrangements for his three sons and daughter. The dispute arose from changes to the parties' initial agreement for the children to spend five nights per fortnight with Mr K, following their separation. The Child Support Registrar had initially made percentage of care decisions in February 2014, which were later amended in October 2014 following an objection by Ms F, resulting in Ms F having 80% care of the sons and 100% care of the daughter, effective from June 2014. The Social Security Appeals Tribunal had affirmed these amended decisions.

The Tribunal was required to determine whether the care percentage determinations made in October 2014, which amended the care arrangements for the sons and daughter, should be revoked. Specifically, the Tribunal needed to consider if the actual care arrangements corresponded with the existing percentages and if any changes would result in a change to the relevant cost percentages for the parties, as provided for under the Child Support (Assessment) Act 1989 (Cth). The Tribunal also had to consider the evidence presented by both parties regarding the actual nights of care provided by each parent during the relevant periods.

The Tribunal reasoned that the initial care determination for the sons, made in January 2014, should not be revoked as the care arrangements had remained consistent until February 2015. Consequently, Ms F's objection to change this determination was dismissed. Regarding the daughter, the Tribunal found that Mr K had provided care for only 13% of the time between June 2014 and February 2015. While this would ordinarily necessitate a revocation of the existing determination to reflect the actual care, the Tribunal exercised its discretion under section 54H of the Assessment Act not to revoke the decision. This was because Mr K's cost percentage for the daughter's care was already nil, and revoking the determination would not alter this outcome.

Accordingly, the Tribunal set aside the reviewable decision of 3 October 2014 that allowed Ms F's objection regarding the percentage of care for the three sons. In substitution, it was decided that Ms F's objection would be dismissed. The decision of 3 October 2014, which amended the percentage of care for the daughter to 100% by Ms F, was affirmed.