RDQD and Child Support Registrar (Child support second review)

This matter concerned a review of a child support percentage of care determination before the Administrative Appeals Tribunal. The dispute arose between the Mother and the Father regarding the pattern of care provided to their children, which directly impacted the calculation of child support payments. The practical effect of the decision under review was a substantial increase in the Father's financial contribution due to a reduced percentage of care, conversely benefiting the Mother.

The Tribunal was required to determine whether each parent had a pattern of care for the children, and if so, whether there had been a change in that pattern and the associated percentage of care during the relevant period. Consequently, the Tribunal had to decide whether the existing percentage of care determination should be revoked and a new determination made, and if so, the date from which any change should take effect.

The Mother contended that a change in the pattern of care occurred during the April 2018 school holidays, arguing the Father did not have care of the children for a sufficient period to constitute "regular care" (defined as at least 14% but less than 35% of care). The Father disputed this, providing evidence of his care arrangements and alleging denial of access. The Tribunal considered the communication between the parents regarding the school holiday period, noting that while the Father had some contact, the Mother asserted she had care of the children for the majority of this period. However, the Tribunal ultimately found that the grounds for revocation under section 54G of the Assessment Act were not satisfied, concluding there was no change in the Father's pattern of care from 1 May 2018, and he continued to have at least regular care of the children.