QCDK and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision by the Child Support Registrar regarding the percentage of care each parent provided for their children. The dispute arose after the father objected to an initial determination of 20% care for himself and 80% for the mother, arguing that care had always been shared equally, particularly during the period they were separated but living under the same roof.

The primary legal issue before the AAT was to determine the actual percentage of care each parent provided for the children during the period from 10 January 2014 to 9 March 2016. This involved assessing conflicting evidence presented by both parents, including diaries, calendars, and childcare centre records, to ascertain the factual basis for care arrangements. The AAT also had to consider the implications of the parents separating under the same roof and how this impacted the assessment of care percentages.

The Tribunal found itself unable to reconcile the conflicting evidence provided by the mother and father regarding the actual care arrangements. Despite various documents and statutory declarations, significant inconsistencies remained, particularly concerning childcare centre sign-in and sign-out records. Applying the principles outlined in the Child Support Guide, the Tribunal concluded that where actual care could not be definitively determined due to irreconcilable conflicting evidence, and the parents were separated under the same roof, the care should be treated as shared equally.

Consequently, the AAT set aside the previous decision and substituted its own, ordering that the children’s care be determined as shared equally between the parents for the period from 10 January 2014 to 9 March 2016.