Marson and Marson (Child support) - [2025] ARTA 946

Marson and Marson (Child support) [2025] ARTA 946 (24 February 2025)

Applicant/s:  Mrs Marson
Respondent:  Child Support Registrar
Other Parties:  Mr Marson

Tribunal Number: 2024/SC028758
Tribunal:General Member S Irvine
Place:Hobart
Date:24 February 2025
Decision:The Tribunal sets aside the decision under review and in substitution decides that the existing care determinations for Mr and Mrs Marson in respect of [Children 1-4] are revoked from 14 July 2024, and that from 15 July 2024 Mrs Marson has had 50% care of all four children and Mr Marson has had 50% care of all four children.

CATCHWORDS
CHILD SUPPORT – percentage of care – residing under one roof, with mother and children’s bedroom upstairs and father and spare beds downstairs – varying times and levels of care – determinations no longer valid – determinations revoked and new determinations made – decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

BACKGROUND

Mrs Marson and Mr Marson are the parents of [Child 1] (17), [Child 2] (12), [Child 3] (10) and [Child 4] (4). A child support assessment is in place for the children. From September 2022 Services Australia – Child Support (Child Support) had recorded care percentage determinations for all four children of 86% to Mrs Marson and 14% to Mr Marson.
On 26 July 2024 Child Support made a decision to revoke the existing care percentages for all of the children and to make new care percentage decisions that each parent had 50% care of all four children from 31 October 2023 (with a date of notification of 24 July 2024).
On 14 August 2024 Mrs Marson objected to Child Support’s decision and the matter was referred to a Child Support objections officer. On 11 October 2024 the objections officer disallowed the objection.
On 24 October 2024 Mrs Marson applied to this Tribunal for an independent review of Child Support’s decision. A hearing took place on 18 February 2025. Both Mrs and Mr attended the hearing by telephone and gave sworn evidence. I had before me documents submitted by Child Support numbered 1 to 146.

ISSUES

The statutory provisions relevant to this review are contained in the Child Support (Assessment) Act 1989 (the Act) and the Child Support (Registration and Collection) Act 1988 (the Registration Act).
The issues that arise in this review are whether Mrs Marson and Mr Marson’s existing percentages of care for [the children] should be revoked, and if so what new care percentage decisions should be made.

CONSIDERATION

It is not disputed that Mr and Mrs Marson have been residing under one roof with the four children since approximately 31 October 2023. Prior to that date Mr Marson was residing at a separate property and had care of the children every second weekend…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Marson and Marson (Child support)

Details

AGLC: Marson and Marson (Child support) [2025] ARTA 946
Case: [2025] ARTA 946
Decision Date: 24 February 2025

CaseChat Overview and Summary

The case of Marson and Marson involves the parents of four children who are subject to a child support assessment. The case was brought before the Administrative Review Tribunal in Hobart, presided over by General Member S Irvine, on 24 February 2025. The Tribunal was required to decide whether the existing care percentage determinations for the children should be revoked and, if so, what new care percentage determinations should be made. The Tribunal set aside the decision under review and substituted new determinations that each parent has 50% care of all four children from 15 July 2024.

The legal issues before the Tribunal were whether the existing care percentage determinations for the children should be revoked and what new care percentage determinations should be made. The Tribunal had to consider the evidence provided by both parents and the statutory provisions contained in the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988.

The Tribunal found that prior to 31 October 2023, Mr Marson had care of the children for 2 nights per fortnight and one additional evening per week, equating to 14% care. Mr Marson moved back to the family home on 31 October 2023, and initially there were no changes to the time Mr Marson had care of the children. At some point between October 2023 and July 2024, the care arrangements were relaxed, and the time the children spent in the care of each parent was less defined, although Mr Marson continued to have care of the children broadly every second weekend and one evening per week. In approximately July 2024, the parents discussed the care of the children and made some adjustments to the care, to bring the care more into line with an arrangement where they each provided 50% care of the children. This largely consisted of Mr Marson agreeing to be responsible for more of the children's meals, by providing dinner for an extra night each week and paying for school lunches two days per week. Since October 2023, both parents have contributed to the costs of providing for the needs of the children, and it is likely that at least at the time of the hearing the costs were split approximately 50/50. The Tribunal was satisfied that from at least July 2024, the parents had shared care of all four children relatively equally.

The Tribunal found that the existing care percentage determinations for the children were no longer valid and should be revoked. Section 54F of the Child Support (Assessment) Act 1989 requires that the existing care percentage determinations be revoked the day before the change of care day where Child Support is notified of the change in care within 28 days of the change. The Tribunal determined that the change of care day was 15 July 2024, and the existing care determinations were therefore revoked from 14 July 2024. The Tribunal then determined new care percentage determinations for each of the parents in relation to each of the children, finding that from 15 July 2024, Mrs Marson has had 50% care of each of the children, and Mr Marson has also had 50% care of each of the children.

Orders