LWRL and Child Support Registrar (Child support second review)

This matter concerned a review of a child support percentage of care decision, brought before the Administrative Appeals Tribunal by LWRL (the father) against the Child Support Registrar. The core dispute revolved around the actual percentage of care each parent provided to their three children during the relevant period, with the father challenging the existing determination.

The Tribunal was required to determine whether the existing percentage of care determination should be revoked and, if so, to make a new determination. This involved considering the provisions of the *Child Support (Assessment) Act 1989* (Cth) relating to the revocation of care determinations, specifically sections 54F and 54G, and the criteria for making a new care percentage determination under sections 49 or 50. The Registrar's role was to assist the Tribunal in applying the relevant legislation to the evidence presented.

In reaching its decision, the Tribunal considered extensive written submissions and evidence, including text messages and a handwritten calendar. The Tribunal found that a regular care arrangement existed where the mother had the children five nights per week and half the school holidays, and the father had them two nights per week and half the school holidays. While both parties accepted this as the default arrangement, they disputed the extent of additional ad hoc care. The Tribunal found the father's calculation of 44% care to be neither accurate nor credible, noting inconsistencies in his own evidence. Ultimately, the Tribunal concluded that the care arrangements were most consistent with the mother having 66% care of two children and 64% care of the third child, with the father having 34% and 36% care respectively.

The Tribunal affirmed the decision under review. It was ordered that, with effect from 18 March 2019, the mother had 66% care of G1 and G2, and the father had 34% care. For B1, the mother had 64% care and the father had 36% care during the relevant period.