KWQX and Child Support Registrar (Child support second review)

This matter concerned a review of a child support assessment, brought before Mr S Evans, Member of the Tribunal. The dispute arose from the Applicant's claim that the care percentage of the Child with the Other Party had changed significantly, effectively reducing it to 0% from March 2015. The Applicant sought to revoke the existing care percentage determination and have a new one made, reflecting this change.

The Tribunal was required to determine whether the existing care percentage determination should be revoked, and if so, the date from which any revocation should take effect, what the actual care of the Child was during the relevant period, and from when any new care percentage determination should take effect. The Applicant contended that the Child was removed from the Other Party's care by Israeli social services in March 2015 and did not return to the Other Party's care before turning 18. Conversely, the Other Party maintained he retained overall care and financial responsibility for the Child, even when she was in foster care or attending boarding school.

The Member considered the evidence, including court orders from Israel and statements from both parties, as well as YouTube transcripts. Applying the principle from *Shi v Migration Agents Registration Authority*, the Tribunal was not confined to the evidence before the original decision-maker and could consider events occurring after the initial decision. Based on the Youth Court orders, the Member was satisfied that the Child left the Other Party's care on 1 March 2015 and was appointed a legal guardian. The Member found that the Other Party had not provided probative evidence of expenditure for the Child during the care period, despite assertions to the contrary. Consequently, the Member was satisfied that the evidence supported a change in the actual care provided by the Other Party from 1 March 2015.

The reviewable decision was set aside and the matter was remitted to the Registrar for reconsideration. The Tribunal directed that the reconsideration proceed with a finding that both the Applicant and the Other Party had 0% care of the Child during the relevant care period, which was determined to have commenced on 1 March 2015 and continued until the Child turned 18 in December 2018.