Muamba and Ames (Child support) - [2024] AATA 2895

Muamba and Ames (Child support) [2024] AATA 2895 (21 June 2024)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2024/BC027666
APPLICANT:  Mr Muamba
OTHER PARTIES:  Child Support Registrar
Miss Ames

TRIBUNAL:Senior Member R Ellis
DECISION DATE: 21 June 2024
DECISION:

The Tribunal sets aside the decision under review and, in substitution, decides that Mr Muamba provides 40 per cent care and Miss Ames provides 60 per cent care of [Child 1] from 20 April 2023, notified on 12 May 2023.

CATCHWORDS
CHILD SUPPORT – percentage of care – change in care – children living away from home – financial support – existing percentage of care determinations revoked – 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 removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

BACKGROUND

This review is about a change to the percentage of care determinations for Mr Muamba and Miss Ames in respect of their child [Child 1] (born May 2021). Mr Muamba and Miss Ames are the parents of two children; however, this matter relates to [Child 1] only.
From 31 January 2023 the child support assessment reflected Mr Muamba as having 100 per cent care and Miss Ames as having 0 per cent care of [Child 1].
On 12 May 2023 Miss Ames notified Services Australia – Child Support (Child Support) of a change to the care arrangements stating that she was providing 100 per cent care of [Child 1] from 20 April 2023.
On 10 August 2023 Child Support made the decision to reflect that Miss Ames provides 100 per cent care of [Child 1] and Mr Muamba provides 0 per cent care from 20 April 2023.
On 18 August 2023 Mr Muamba objected to this decision and on 17 February 2024 Child Support disallowed the objection (the objection decision).
On 17 March 2024 Mr Muamba applied to the Administrative Appeals Tribunal (the Tribunal) for a review of the objection decision.
The Tribunal conducted a hearing into the application on 4 June 2024. Mr Muamba and Miss Ames gave evidence on affirmation by Microsoft Teams audio. Child Support provided the Tribunal and the parties with papers relevant to the matter (212 pages).

ISSUES

The statutory provisions relevant to this review are contained in the Child Support (Assessment) Act 1989 (the Act).
Child Support makes child support assessments using a formula outlined in the Act and the elements of this formula include care percentages for each parent. The percentage of care is used in an assessment to calculate the percentage of the cost of the child that each parent is meeting directly through the care they provide for that child.
Where a parent has a pattern of care for a child, Child Support determines care percentages that correspond with…

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 Muamba and Ames (Child support)

Details

AGLC: Muamba and Ames (Child support) [2024] AATA 2895
Case: [2024] AATA 2895
Decision Date: 21 June 2024

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the child support obligations of Mr Muamba and Ms Ames. The dispute concerned the percentage of care arrangements for their children, which had changed significantly, including the children living away from home. The AAT was asked to review decisions made by the Child Support Registrar regarding the revocation of existing percentage of care determinations and the making of new ones.

The primary legal issues before the Tribunal were whether the Registrar had erred in revoking the existing percentage of care determinations and whether the new determinations made were correct in light of the changed circumstances. Specifically, the Tribunal had to determine if the Registrar had properly applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support Assessment Act 1989* (Cth) when assessing the percentage of care for the children.

Senior Member R Ellis found that the Registrar had not adequately considered the evidence of the changed care arrangements, particularly the children's living situation away from home, when revoking the previous determinations. The Tribunal applied the principles of assessing the factual reality of where children live and the practical arrangements for their care. The Senior Member concluded that the Registrar's decisions were not supported by the evidence and did not reflect the true circumstances of the children's care.

Consequently, the Tribunal set aside the decisions under review and substituted new percentage of care determinations that accurately reflected the children's living arrangements and the care provided by each parent.

Orders