RCBZ and Child Support Registrar (Child support second review)

This matter concerned a second review before the Administrative Appeals Tribunal (AAT) regarding a child support percentage of care determination. The parties involved were RCBZ (the Applicant) and the Child Support Registrar, with the dispute centering on the actual percentage of care each party had of the child and the date from which any change in care should have effect.

The primary legal issues before the Tribunal were whether the existing determination of a 50/50 percentage of care, made by a previous AAT decision effective from 8 March 2019, should be revoked and replaced. This required the Tribunal to determine the actual percentage of care each party had of the child during the relevant period and, crucially, the date on which any change in care occurred. If a change in care was found, the Tribunal also needed to determine the new percentage of care and the date from which it should have effect for child support purposes, considering whether special circumstances warranted an earlier commencement date than the objection lodgement date.

The Tribunal considered the evidence provided solely by the Applicant, finding her to be a credible witness who gave a detailed account of the care arrangements. The Applicant's evidence indicated that the care arrangement was never 50/50 and detailed a period from late December 2017 where the child stayed with the Applicant's parents, followed by the Other Party having care for specific periods in early 2018. The Applicant also provided evidence of a significant change in care on 31 March 2018, when she and the child moved to her mother's residence and subsequently to Western Australia. The Tribunal noted that the Other Party made no submissions.

The Tribunal affirmed in part the previous decision, finding that a change in care did occur. However, it determined that the Applicant and the Other Party did not have 50/50 care from 26 January 2018. The Tribunal found that the Applicant's evidence established a change in care on 31 March 2018, and based on the Applicant's credible testimony and calendar, it determined the actual percentages of care from that date. The Tribunal ultimately revoked the previous decision and substituted a new percentage of care determination, with the date of effect being 31 March 2018.