LTRC and Child Support Registrar and TSVH (Child support second review)

This matter concerned a second review of a child support assessment, brought by LTRC against the Child Support Registrar and TSVH. The core dispute revolved around the calculation of LTRC's percentage of care for the subject children, with LTRC seeking to include specific additional days in the assessment period to increase his care percentage. TSVH contended that the care arrangements had deviated from court orders, particularly concerning Child A, and that she was raising the children alone due to financial hardship.

The Tribunal was required to determine three key issues: the appropriate care period for the assessment, whether a discernible pattern of care existed during that period, and the actual percentage of care each parent provided. LTRC argued for the inclusion of 24 June 2015 and 1 June 2016, along with four specific days in May 2016, to reach a 35 per cent care entitlement. TSVH acknowledged a one-off exception to court orders in May 2016 but claimed Child A had not been with LTRC since January 2016, a statement not corroborated by other evidence.

The Tribunal affirmed the care period as 4 June 2015 to 3 June 2016, as determined in the first-tier decision. Applying the ordinary meaning of "pattern of care," which allows for flexibility and accommodation of circumstances rather than unbending regularity, the Tribunal found that the court orders established a pattern of care. While LTRC noted some variations, he ultimately accepted that care was generally in line with the orders. TSVH's assertion of a significant change in care for Child A was not substantiated. The Tribunal concluded that the only grounds for variation related to specific dates of care and the resulting percentages.

Consequently, the decision under review was varied to reflect LTRC having 35 per cent of care and TSVH having 65 per cent of care. The matter was remitted to the Respondent for adjustment of benefits in accordance with this revised care percentage.