Moss and Waack (Child support)

Mr Moss and Mrs Waack, the parents of a child who had recently turned 18, applied to the Administrative Appeals Tribunal (AAT) for a review of a decision by the Child Support Registrar. The dispute concerned the percentage of care each parent had for their child, with the previous determination being 92% for Mrs Waack and 8% for Mr Moss. Mr Moss contended that the child’s care arrangements had changed significantly from 13 July 2019, alleging inconsistent care by Mrs Waack and the child leaving her mother's care.

The primary legal issue before the AAT was to determine whether there had been a change in the pattern of care for the child on or after 13 July 2019, which would necessitate a revision of the existing care percentages. This involved assessing the credibility and weight of the evidence presented by both parents, including statutory declarations, text messages, financial records, and oral testimony, in light of the provisions of the Child Support (Assessment) Act 1989 governing the determination of care percentages.

The Tribunal found that the evidence presented by Mr Moss regarding the child’s departure from Mrs Waack’s care on 13 July 2019 was not sufficiently credible. Specifically, the statutory declarations from the child’s boyfriend’s mother, Ms AA, were deemed unreliable due to inconsistencies and a lack of credible explanation for providing incorrect dates. The Tribunal noted that Mr Moss either knew the declaration was false or was not in a position to accurately ascertain the child’s living arrangements, casting doubt on his evidence. Conversely, text messages provided by Mrs Waack, despite some ambiguity, indicated ongoing communication and arrangements for the child’s welfare, suggesting a continued, albeit potentially altered, level of care and responsibility. The Tribunal concluded that the evidence did not establish a change in the pattern of care as alleged by Mr Moss.

Consequently, the AAT affirmed the decision of the Child Support Registrar, finding no change in the percentage of care arrangements for the child.