NKDL and Child Support Registrar (Child support second review)

This matter concerned a second review by the Tribunal of a child support decision. The dispute was between the Applicant and the Other Party, the separated parents of two children, concerning the percentage of care for their older child. The core of the dispute was whether there had been a change in the actual care arrangements for the child from 1 November 2020, and if so, from what date any new determination of care percentages should take effect.

The legal issues before the Tribunal were whether the existing percentage of care determination, which reflected the Other Party having 51% care and the Applicant having 49% care from 16 March 2019, should be revoked and replaced. If revocation was warranted, the Tribunal also needed to determine the new percentage of care and the date from which this new determination should have effect. The relevant legislative framework included provisions for the revocation of care percentages and the commencement dates for new determinations, particularly considering whether notification of a change in care occurred within 28 days of the change.

The Tribunal considered the evidence presented by both parties regarding the child's living arrangements and financial contributions. While the Applicant did not participate in the initial Administrative Appeals Tribunal (AAT) hearing, his previous statements indicated the child chose to move between parents' houses. However, the AAT was satisfied that the existing care percentage determination did not reflect the actual care taking place. Consequently, the AAT revoked the existing determination and made new ones, finding the Other Party provided 100% care and the Applicant 0% care from 1 November 2020. The AAT determined that the Other Party's increased care percentage took effect from 24 January 2022, as the change was notified more than 28 days after it occurred, while the Applicant's decreased percentage took effect from 1 November 2020. The Applicant subsequently applied for a review of this decision.

The Tribunal affirmed the AAT's decision, finding that the existing care percentage determination did not reflect the actual care of the child. It was determined that the Other Party provided 100% care and the Applicant 0% care from 1 November 2020. The Tribunal upheld the commencement date of 24 January 2022 for the Other Party's increased care percentage, as the change was notified outside the 28-day period. The Applicant's decreased care percentage was confirmed to have effect from 1 November 2020.