Muamba and Ames (Child support)

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.