Lyon and Morden (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by the respondent, Morden, to set aside a child support assessment made by the Child Support Registrar. The applicant, Lyon, sought to have the assessment reinstated. The dispute concerned the percentage of care provided for the child, which directly impacts the commencement date of the child support liability.

The Tribunal was required to determine whether the Registrar's decision to accept Morden's application for a child support assessment was correct. Specifically, the AAT had to consider whether Morden had provided ongoing daily care for the child for a sufficient period to warrant the assessment, and if so, what the correct commencement date for the child support liability should be.

The Tribunal found that Morden had not provided ongoing daily care for the child for the requisite period under the *Child Support (Registration and Collection) Act 1988*. Consequently, the Registrar's decision to accept the application for assessment was set aside. The Tribunal reasoned that the legislative requirements for establishing a child support liability had not been met in this instance.