PXYP and Child Support Registrar (Child support second review)

This matter concerned a review of a child support determination regarding the care arrangements for a child, K. The applicant sought to establish that she had 100% care of K from 1 June 2022, a claim disputed by the other party who maintained a 28% care arrangement. A previous review had affirmed the 72-28 split, but the matter proceeded to a further review at Level 2 of the Tribunal.

The central legal issue before the Tribunal was whether the applicant had satisfied the court that there had been a change in the pattern of care commencing on 1 June 2022, specifically that she had 100% care of K during the period from 1 June 2022 to 31 January 2023. The Tribunal was required to consider the evidence presented by both parties and determine the accuracy of the applicant's claim in retrospect.

The Tribunal found in favour of the applicant, being satisfied that she had indeed had 100% care of K from 1 June 2022 to 31 January 2023. This conclusion was based on the applicant's clear and seemingly truthful evidence, which was corroborated by two independent sources. Firstly, a Family Court minute of order from January 2022 noted that K had shown reluctance to spend time with the other party and that the parties had agreed the other party would respect K's wishes in this regard, which was inconsistent with the other party's assertion of a positive relationship. Secondly, a statement from K's teacher indicated that K rarely stayed overnight with his father and that the applicant was consistently the parent involved in K's schooling and welfare. The Tribunal placed greater confidence in the applicant's evidence due to these corroborating factors.

The Tribunal set aside the previous decision and substituted a new determination reflecting the applicant's 100% care of K for the period from 1 June 2022 to 31 January 2023.