KSDJ and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support percentage of care determination between KSDJ and VWJW, the separated parents of a five-year-old child. The dispute arose from differing views on the actual care provided by each parent, particularly during the period they were separated but living under the same roof. The case was heard by Mr S Evans, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine the correct percentage of care each parent had for the child during the period they were separated but living in the same house, from 24 June 2017 onwards. This involved assessing the extent of actual care provided by each parent, considering the policy guidance for situations where parents live separately under one roof, and determining the appropriate date of effect for any revised care percentage.

The Tribunal considered the policy guidance which states that where parents are separated but living in the same house, the Registrar will determine each parent's percentage of care based on individual circumstances and available evidence, generally regarding care as equally shared if contributions are similar. The Tribunal noted that consideration is given to who has responsibility for arrangements and decisions about the child's welfare, and who meets the child's costs, rather than solely accommodation arrangements. Weighing the evidence, which included financial contributions to rent, childcare, and the general division of responsibilities for the child's daily care and decision-making, the Tribunal found that while both parents contributed, KSDJ provided substantially more actual care.

The Tribunal set aside the previous decision and substituted its own determination. It found that from 24 June 2017, KSDJ had 76% of the child's care, and VWJW had 24% of the child's care.