MHVN and Child Support Registrar (Child support second review)

This matter concerned a review of a child support assessment involving the separated parents of a daughter and a son, with the Child Support Registrar as the respondent. The primary dispute revolved around whether there had been a change in the care arrangements for the son and, if so, what percentage of care should be reflected in the Child Support Register from the date of that change. A further issue was whether an interim care determination should be made from 21 September 2018.

The court was required to determine if a change in care had occurred concerning the son, and if so, to establish the applicable percentage of care from that date. Additionally, the court needed to ascertain the correct commencement date for any interim care determination, specifically whether it should be from 21 September 2018. The court also considered the application of specific legislative provisions and policy guidelines, including the Child Support (Assessment) Act 1989 (Cth) and The Child Support Guide.

The court's reasoning focused on the period of continuous reasonable action taken by the father to participate in family dispute resolution. Following an incident on 12 September 2018 involving the son, the father agreed to attend mediation organised by the mother on 12 October 2018. The court found that this date marked the commencement of the father's continuous reasonable action. Consequently, the standard 52-week and 26-week periods for determining care changes did not apply. Instead, the court applied a 14-week period, which determined the end date of the interim care period to be 17 January 2019.

The decision under review was affirmed.