RDQD and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support percentage of care determination. The parties were the father and the mother, with the Deputy President of the Administrative Appeals Tribunal presiding. The core dispute revolved around whether the existing percentage of care determination, made by a previous iteration of the Tribunal, should be revoked and a new determination made, reflecting the actual care provided by each parent.

The Tribunal was required to determine two primary issues: first, whether the existing care percentages must or should be revoked, and second, if revocation was warranted, what the respective care percentages of the father and mother should be during the relevant care period. The Tribunal considered a substantial volume of conflicting evidence, including text messages, diary entries, and after-school care records, noting the significant hostility between the parties which complicated the assessment. Allegations of domestic violence were made by the mother, but no evidence was presented to support these claims at the current hearing.

In reaching its decision, the Tribunal applied sections 54F, 54G, and 54H of the Assessment Act concerning the revocation of previous care percentage decisions. It found that section 54G did not apply as the father had a regular pattern of care of 14%. However, the Tribunal determined that section 54F was engaged because the actual care provided by the father (52 nights, equating to 14% of care) differed from the previous determination, resulting in a change in his cost percentage from 'nil' to 24%. Consequently, the Tribunal concluded that the previous decision must be revoked. Applying section 50 of the Assessment Act, which governs determinations where a responsible person has had a pattern of care, the Tribunal substituted a new determination of 86% care for the mother and 14% for the father, effective from 1 May 2018.