KSKS and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support percentage of care decision before Mr D. J. Morris of the Administrative Appeals Tribunal. The dispute arose between KSKS and QKCH, the parents of a child, regarding the proportion of care each parent provided. The initial decision had attributed 100 percent of care to KSKS, which QKCH had objected to. An objection officer subsequently determined a 50 percent care arrangement for each parent, a decision KSKS sought to have reviewed.

The primary legal issue before the Tribunal was to determine the actual percentage of care each parent provided for their daughter during the relevant period. This involved assessing the evidence presented by both KSKS and QKCH concerning their respective contributions to the child's daily life, including aspects such as meals, school transport, financial contributions to schooling and living expenses, and other care-related activities. The Tribunal also considered the weight to be given to third-party evidence and the significance of KSKS's concession regarding a hypothetical 50/50 care arrangement.

The Tribunal reasoned that while there were conflicting accounts regarding specific tasks, such as who prepared the child's evening meals, the overall evidence demonstrated substantial shared care. Key uncontested facts included QKCH's payment of rent, provision of lunch money, and arrangement for after-school care, alongside KSKS's funding of excursions and other school costs. Crucially, KSKS conceded that she would not have objected to an initial determination of 50/50 care. The Tribunal found that the evidence supported a 50 percent care arrangement for each parent, applying this determination for a twelve-month period from 16 February 2015, and affirmed the objection officer's decision, which had applied the child support assessment from QKCH's objection date of 7 April 2016.