PYYM and Child Support Registrar (Child support second review)

This matter concerned a second review before the Administrative Appeals Tribunal concerning the percentage of care for Child MA, a child born in 2006. The applicant, PYYM (the father), sought to have his percentage of care for Child MA varied under the *Child Support (Assessment) Act 1989*. The dispute arose after PYYM notified the Child Support Registrar that he was providing 104 nights of care annually, a claim disputed by the child's mother, PLWQ. Previous decisions by the Registrar and the Tribunal had varied, with an initial decision awarding PYYM 14% care, which was then set aside by the Tribunal to award PYYM 0% care.

The primary legal issue before the Tribunal was to determine the percentage of care PYYM had for Child MA during the 12-month period following his lodgement of a claim on 20 May 2016. This involved assessing the extent of actual care provided by PYYM, considering evidence of delegated care arrangements where a non-parent carer provided care under arrangements made by a parent, and resolving inconsistencies in the evidence presented by both parties regarding the commencement and duration of care arrangements.

The Tribunal applied the principles outlined in the Child Support Guide regarding the determination of care, which includes assessing the extent of control a person has over a child and their responsibility for making decisions regarding the child's activities and arrangements for their needs, including delegated care. The Tribunal found PYYM to be a truthful and credible witness. While acknowledging inconsistencies in the evidence, particularly regarding the precise start date of delegated care by PYYM's mother, the Tribunal was persuaded that Friday night care arrangements were in place from at least October 2016. The Tribunal set aside the previous decision of the Social Services and Child Support Division and substituted a finding that PYYM had 20% of the care for Child MA from 20 May 2016, with the effective date of this determination being 13 April 2017.