MJWZ and Child Support Registrar (Child support second review)

This matter concerned a review of a child support percentage of care decision before the Administrative Appeals Tribunal. The parties involved were the Father (the applicant) and the Child Support Registrar, with the Mother also participating in the proceedings. The core dispute revolved around the correct percentage of care for the child, A, and the date from which any revised determination should take effect, following an earlier decision by the Tribunal (AAT1) that had set aside an objection decision and made new care determinations.

The Tribunal was required to determine whether a change in the pattern of care for A had occurred on 1 July 2021, necessitating the revocation of an existing care determination and the making of new ones. If a change was found, the Tribunal also had to determine the appropriate percentage of care to be attributed to each parent and the effective date for these new determinations. The legal framework for these determinations was primarily found in sections 49 and 50 of the Child Support (Assessment) Act 1989 (Cth), which outline the circumstances under which a pattern of care is established and how percentages of care are to be determined.

The Tribunal found that, based on the evidence presented by both parents, including detailed calendars of care and other documentary evidence, there had been a pattern of care established during the relevant period, thus engaging section 50 of the Assessment Act. The Tribunal agreed with the parties that a change of care occurred on 1 July 2021. The Father's evidence indicated that A had been living with him from July 2021 due to difficulties at school and issues with the Mother's new partner, with the Father asserting he had care of A every night during 2022. While the parties' calendars presented conflicting figures regarding the exact percentages of care, they both indicated a significant shift from the previous determination.

The Tribunal set aside the decision of AAT1, which had determined the Mother had 65% care and the Father 35% care from 3 November 2021. The Tribunal substituted its own decision, finding that from 1 July 2021, the Father had 70% of the care of A, and the Mother had 30% of the care of A. This new determination was to take effect from 1 July 2021.