NJTK and Child Support Registrar (Child support second review)

This matter concerned an application to review a decision of the Social Services and Child Support Division of the Tribunal. The applicant sought to challenge a determination that he and the other party each had 50% care of their child, J, from 13 December 2018. This decision had been made following a series of earlier determinations and objections regarding the percentage of care for both child J and child K, with the previous Tribunal decision specifically setting aside an objection officer's finding of 64% care for the applicant and 36% for the other party concerning child J.

The primary legal issues before the Tribunal were to determine, first, whether there was a pattern of care for child J during the period from 13 December 2018 to 20 February 2019, and secondly, if a pattern of care was established, what percentage of care should be attributed to each parent for child J during that period. The Tribunal was required to consider the relevant provisions of the *Child Support (Assessment) Act 1989* (Cth), specifically sections 49 and 50, which outline the criteria for determining a percentage of care based on whether a "pattern of care" exists.

The Tribunal reasoned that the previous decision of 50% care for child J was made without a proper consideration of whether a pattern of care had been established for the relevant period. It noted that section 49 of the Act applies when there is no pattern of care, requiring a 0% determination unless section 51 applies, while section 50 applies when a pattern of care is established, requiring a determination that corresponds with the actual care. The Tribunal found that the evidence did not support a finding of a pattern of care for child J between 13 December 2018 and 20 February 2019.

Consequently, the Tribunal set aside the decision under review. The matter was remitted for reconsideration with a direction that there was no pattern of care for child J during the specified period. The Tribunal also made a recommendation that there had been a change in care for child J from 13 December 2018.