LYNY and Child Support Registrar (Child support)

This matter concerned a review of a decision by the Administrative Appeals Tribunal (AAT) concerning a child support assessment for Child 1. The applicant, LYNY (the Father), sought to challenge the AAT's finding that there had been no change to the care percentages used in the child support assessment from 7 November 2016. The dispute arose from differing accounts of the care arrangements for Child 1 between the Father and the Mother, RQGN.

The court was required to determine whether the care percentage for Child 1 had changed from 7 November 2016, and if so, what that new percentage should be. This involved assessing the actual care provided to Child 1, considering not only accommodation arrangements but also responsibility for welfare decisions and the meeting of costs. The court needed to weigh the evidence presented by both the Father and the Mother to ascertain the factual circumstances of Child 1's residence and care.

The court found that the Mother's evidence was to be preferred. It noted that while the Father had provided care for approximately three months, during which he met all outgoings including school fees, this arrangement ceased. Subsequently, Child 1 resided with the Mother's partner, and the Mother assumed responsibility for all outgoings and decision-making regarding Child 1's care. The court concluded that the AAT's decision to set aside the earlier decision and substitute a finding of no change in care percentage from 7 November 2016 was correct based on the evidence before it. The decision under review was therefore affirmed.