Marcario and Marcario (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning a child support assessment. The applicant, Mr Marcario, sought to have the percentage of care attributed to him varied, arguing that the respondent, Ms Marcario, had failed to comply with the existing care arrangements. The Tribunal was asked to review an interim determination made by the Registrar of the Child Support Registrar.

The primary legal issue before the Tribunal was whether the applicant had taken reasonable action to ensure compliance with the care arrangements, and consequently, whether the percentage of care attributed to him should be varied. This involved an assessment of the applicant's efforts to facilitate the agreed-upon care schedule and whether any non-compliance by the respondent was attributable to the applicant's actions or inactions.

The Tribunal considered the evidence presented regarding the communication and actions of both parties in relation to the child's care. It applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the determination of care percentages and the circumstances under which a departure from the default assessment might be warranted. The Tribunal found that the Registrar's interim determination had failed to adequately consider the applicant's evidence and the relevant legislative provisions.

Consequently, the Tribunal set aside the Registrar's interim determination and remitted the matter back to the Child Support Registrar with directions to reconsider the application, taking into account the Tribunal's findings and the evidence presented.