LRJQ and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support decision, brought before Senior Member Dr N A Manetta of the Administrative Appeals Tribunal. The dispute arose between LRJQ (B's father) and RJBF (B's mother) regarding the percentage of care for their adolescent child, B. For many years following their separation in 2008, the parents had maintained a 50/50 shared care arrangement, which was reflected in their child support assessments. However, the father alleged that the pattern of care had changed, leading to a reassessment by the Child Support Registrar and a subsequent internal review, both of which were affirmed.

The primary legal issue before the Tribunal was to determine whether a change in the pattern of care had occurred, and if so, to identify the correct legislative provisions to apply for revoking the existing percentage of care determinations and fixing the effective dates of any changes. Specifically, the Tribunal had to consider the impact of B's expressed wishes to spend more time with his mother, coupled with unforeseen circumstances arising from COVID-19 restrictions that prevented the father from exercising his usual care responsibilities for a significant period. The Tribunal also had to assess the timeliness of the mother's notification to the Child Support Agency regarding the alleged change in care.

The Senior Member reasoned that the evidence established a factual change in the pattern of care from 1 January 2022, with B's mother providing 100% care and B's father providing 0% care. This change, though not desired by the father from February 2022 onwards, was found to have occurred due to B's preferences and the impact of COVID-19 restrictions on the father's household. The Tribunal determined that the mother's notification to the Agency on 5 March 2022 was not made within a "reasonable period" as required by section 54G(1)(d) of the relevant Act, thus precluding the application of section 54G. Consequently, the Tribunal found that section 54F was the appropriate provision to apply, which dictates that the revocation of the old percentage of care is effective from the day preceding the notification.

The Tribunal affirmed the Level 1 decision, concluding that the mother's notification on 5 March 2022 meant the revocation of the previous care determination was effective from 4 March 2022. Furthermore, the Tribunal confirmed that the new pattern of care, commencing on 1 January 2022, required the revocation of the father's care determination to be effective from the day preceding the actual change, i.e., 31 December 2021, as per section 54F(3)(b)(ii). The Senior Member also offered additional observations regarding the importance of communication between parents to avoid antagonism and the potential impact of such disputes on children.