Paddon and Paddon (Child support)

This matter concerned an appeal by the father, Mr Paddon, against a decision of the Child Support Registrar concerning the assessment of child support payable to the mother, Ms Paddon. The dispute centred on the percentage of care attributed to each parent for their child, which directly impacts the child support assessment. The appeal was heard by Member S Irvine of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar had erred in revoking an existing percentage of care determination and applying an actual pattern of care that did not result in a change to the child support payable. Specifically, the Tribunal had to consider whether the Registrar's decision to revert to an assessment based on the actual pattern of care, despite the existence of a prior formal determination, was justified and whether this application of the law was correct in the circumstances.

Member S Irvine reasoned that the Registrar's decision to revoke the existing percentage of care determination and apply the actual pattern of care was not sufficiently justified by the evidence presented. The Tribunal found that the Registrar had not adequately considered the implications of the existing care determination and that the subsequent assessment, which did not alter the amount of child support payable, did not reflect a proper application of the relevant legislative provisions. The Tribunal concluded that the Registrar's decision was flawed and ought to be set aside.

The Tribunal set aside the decision under review and remitted the matter to the Child Support Registrar for redetermination in accordance with the Tribunal's findings.