Pittman and Riordan (Child support)

This matter concerned an application by Mr Pittman for a review of a decision by the Child Support Agency regarding the percentage of care for his two children, [Child 1] and [Child 2], with Mrs Riordan. The dispute centred on whether there had been a change to the likely pattern of care for the children, which would necessitate a revocation of existing percentage of care determinations and the making of new ones. The decision was made by R Ellis SM in the Tribunal.

The legal issues before the Tribunal were twofold: firstly, whether the actual pattern of care for the children had changed from the existing percentage of care determination, and secondly, the date from which any new percentage of care determination should take effect. Specifically, the Tribunal had to determine if the care arrangements had shifted from the previous 42 per cent care for Mr Pittman and 58 per cent for Mrs Riordan, which had been in place since 27 January 2015, to a new pattern. The Tribunal also had to consider whether there were special circumstances that would allow for a review decision to have effect from a date prior to the lodgement of Mr Pittman's application.

The Tribunal found, based on the evidence, that a change in the pattern of care for the children occurred on 29 November 2017. While court orders stipulated a care arrangement of nine nights a fortnight for Mrs Riordan and five nights for Mr Pittman during school terms, with shared care during holidays, the Tribunal was satisfied that the parents intended shared care during the December 2017-January 2018 school holidays. Although Mrs Riordan had additional care during the March-April 2018 school holidays, this was deemed a one-off departure and not an ongoing change. Consequently, the Tribunal determined that from 29 November 2017, Mr Pittman had 39 per cent care and Mrs Riordan had 61 per cent care. Applying section 54F of the Act, the Tribunal revoked the existing percentage of care determination from 6 February 2018 and made new determinations reflecting the 39 per cent and 61 per cent care arrangements from 7 February 2018. Regarding the date of effect, Mr Pittman lodged his application for review on 26 October 2018, which was outside the 28-day period for lodging a review of the Child Support Agency's objection decision of 29 June 2018. The Tribunal found no special circumstances that prevented Mr Pittman from lodging his application within the prescribed time. Therefore, pursuant to section 95N of the Child Support (Registration and Collection) Act 1988, the date of effect of the Tribunal's decision was the date of lodgement of the application, 26 October 2018.