NLBD and Child Support Registrar (Child support second review)

This matter concerned a second review before the Administrative Appeals Tribunal (AAT) concerning a dispute between NLBD and the Child Support Registrar (the Respondent) regarding the percentage of care allocated to NLBD (the father) and FRJL (the mother) for their child. The core of the dispute was whether the father's care percentage should be 44% (as determined by the Respondent) or a lower figure, as argued by the mother.

The legal issues before the Tribunal were to determine the correct percentage of care for the child between the father and mother, and consequently, the appropriate cost percentages for child support purposes. This involved assessing the evidence presented by both parties regarding the actual pattern of care and considering whether the previous decisions of the Respondent and the initial AAT review were correct.

The Tribunal considered the history of the care percentage determinations, noting an initial agreement of 20% care for the father and 80% for the mother. This was varied by the Respondent to 44% for the father and 56% for the mother, a decision affirmed on objection. An initial review by the AAT had adjusted this to 28% for the father and 72% for the mother, finding this to be the closest to a likely pattern of care based on the evidence before it. The Tribunal noted that its own calculations based on the father's submissions suggested a 41%/59% cost percentage split. The Tribunal's reasoning focused on the evidence of actual care and the application of the formula under section 55C of the Child Support (Assessment) Act 1989 (Cth).

The Tribunal set aside the decision of the first AAT review and substituted its own decision, finding that the evidence supported a care allocation of 44% to the father and 56% to the mother, consistent with the Respondent's decision prior to the first AAT review.