NYVN and Child Support Registrar (Child support second review)

This matter concerned a review of a care percentage determination by the Child Support Registrar, involving parties NYVN and MQJP, and the Child Support Registrar. The dispute centred on the interpretation and calculation of care percentages for children, particularly in light of court orders detailing specific arrangements for "special occasions" such as Christmas, Easter, and birthdays, which deviated from the regular fortnightly care pattern. The case was heard by Ms A E Burke AO, Member.

The primary legal issue before the Tribunal was how to accurately assess the percentage of care provided by each parent when the court orders stipulated a regular pattern of care (five nights a fortnight for NYVN and nine nights for MQJP) but also included specific provisions for additional time on special days. The Tribunal was required to determine whether these "special occasion" nights constituted variations to the general pattern of care and how they should be factored into the overall percentage calculation for child support purposes, considering the actual care provided.

The Tribunal reasoned that the percentage of care is determined by the actual care provided, which can be reflected in court orders. It found that a pattern of care had been established from 19 July 2021, as per the final Family Court Orders of 4 February 2022. The Tribunal was satisfied that the dispute was not about the fundamental pattern of care but rather its assessment in percentage terms, specifically concerning the inclusion of special occasion nights. The Tribunal concluded that the actual nights of care as contained within the court orders, which incorporated a factor for special nights, represented the correct and preferable approach.

Consequently, the Tribunal set aside the previous Administrative Appeals Tribunal decision and substituted its own finding. It determined that NYVN had 39% care of the children from 31 August 2021, and MQJP had 61% care of the children from 19 July 2021, reflecting the actual care arrangements including the special occasion provisions.