MYGL and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support care percentage determination. The parties involved were MYGL, the applicant, and the Child Support Registrar, the respondent. The dispute centred on the revocation of an existing care percentage determination and the date from which new care percentages should take effect, following a change in the level of care provided to the child, OLE, during a relevant care period. The review was heard by Emeritus Professor P A Fairall, Senior Member.

The legal issues before the Tribunal were whether overnight care was a relevant consideration when determining "actual care" for the purposes of child support assessments, and how substantial financial support should be weighed in circumstances where an older child lives separately from a parent. The Tribunal was required to consider the definition of care, the guidance provided in the Child Support Guide, and the objects of the Assessment Act, particularly in relation to ensuring children receive adequate financial support and that care levels are readily determinable.

The Tribunal reasoned that the level of care provided by a responsible person for a child is a question of fact to be determined by reference to the particular circumstances of each case. While overnight care was not explicitly defined as a requirement, the Tribunal noted that for older children living separately, substantial financial support is generally considered an indicator of ongoing care, covering daily costs, holidays, and longer-term expenses. The Tribunal also considered that active involvement in major decisions regarding the child's health, schooling, and relationships could indicate continued care, even if financial support was limited. The Tribunal ultimately set aside the previous decision, revoking the existing care determination from 24 March 2022 and substituting new care percentages, finding that neither parent had care of the child from 25 March 2022.