Knutt and Knutt (Child support)

This matter concerned an appeal by the father, Mr Knutt, against a decision of the Child Support Registrar regarding the assessment of child support. The dispute centred on the percentage of care attributed to each parent, which directly impacts the child support payable. The appeal was heard by Ms T Hamilton-Noy, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar had erred in determining the percentage of care for the child. Specifically, the Tribunal was required to consider whether the father had established a change in the pattern of care that would warrant a reassessment of the existing child support assessment, or if any observed changes were merely ad hoc and did not constitute a substantial alteration to the established care arrangements.

The Member affirmed the Registrar's decision, finding that while there had been some ad hoc changes in the child's care arrangements, these did not amount to a sustained change in the overall pattern of care. The Tribunal applied the principles established in child support legislation and case law, which require a significant and ongoing shift in care responsibilities to justify a departure from the existing assessment. The evidence presented did not demonstrate such a shift, leading the Member to conclude that the original assessment remained appropriate.