PTBM and Child Support Registrar (Child support second review)

The Administrative Appeals Tribunal (Tribunal) considered a child support assessment dispute between the Applicant and the Child Support Registrar, concerning the percentage of care for a child. The Applicant sought a review of a previous decision by AAT1, which had affirmed the Registrar's determination that the Applicant had 28% care of the child and the Other Party had 72% care, effective from 1 December 2016.

The central legal issue before the Tribunal was to determine the actual percentage of care each parent had for the child during the period from 8 August 2016 to 7 August 2017. This determination was to be made in accordance with sections 49 and 50 of the *Child Support (Assessment) Act 1989* (Cth).

The Tribunal noted that child support matters often involve conflicting accounts of care arrangements and limited corroborating evidence. In this instance, the Applicant's claims of a changed care pattern from December 2016 were not supported by readily available records, as the Applicant stated he kept records but did not provide them to the Tribunal or the objections officer. While the Applicant submitted statutory declarations from a Ms M and his brother, and a series of text messages, the Tribunal found these to be imprecise assertions not accompanied by sufficient evidence to establish a consistent pattern of care. The Tribunal emphasised that consistency in the pattern of care, supported by evidence, must be given greater weight than unsubstantiated contentions. Consequently, the Tribunal affirmed the reviewable decision of AAT1.