NHVK and Secretary, Department of Social Services (Child support second review)

This matter concerned a review of a decision by the Child Support Registrar regarding the percentage of care of two children. The applicant, NHVK, sought to have the care arrangements varied from an existing 79% care to herself and 21% to the other party, to a new arrangement reflecting approximately 87% care to NHVK and 13% to the other party. The dispute arose from differing interpretations of text messages and other evidence provided by the parties concerning the actual pattern of care since July 2017. The Administrative Appeals Tribunal (AAT) had jurisdiction to hear the appeal.

The primary legal issue before the Tribunal was to determine the correct percentage of care for the two children, given the applicant's claim of a significant change in arrangements and the other party's objection to this claim. Specifically, the Tribunal had to assess whether the evidence, including text messages and a diary, supported the applicant's assertion that the other party's care had reduced to less than 52 nights per year, thereby triggering a change in the child support assessment. The Tribunal also considered the weight to be given to informal agreements and the actual, rather than intended, pattern of care.

The Tribunal found that there had indeed been a change in care arrangements in July 2017, a fact acknowledged by both parties. However, the crucial point of contention was the extent of this change. The Tribunal affirmed the decision of the AAT1, concluding that the evidence before it supported the finding made by the AAT1 regarding the level of care attributed to each party. The Tribunal's reasoning was based on its assessment of the available evidence, which led it to uphold the previous determination of the care percentages.