RNJN and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before the Tribunal, with the applicant seeking to establish a change in the care percentage of the child from 1 December 2018. The applicant contended that the child's principal place of residence was with her, except for periods spent with the father, and that prior to 1 December 2018, the care arrangement was 56% with her and 44% with the respondent. She argued that this arrangement became inconsistent from 1 December 2018, with the father providing various excuses for not having the children.

The legal issues before the Tribunal were whether there had been a change in the care percentage of the child from 1 December 2018, and if so, from what date any such change would take effect for the purposes of the child support assessment. The Tribunal was required to assess the evidence presented by both parties regarding the actual care arrangements.

The Tribunal considered the applicant's evidence, which included diary entries, text messages, and photographs, and the respondent's evidence, which included his own diary entries. The Tribunal noted that if a change in care percentage was found, and the notification of this change occurred more than 28 days after the change, then pursuant to section 54F(3) of the Assessment Act, the change would take effect from the date of notification, being 3 May 2019. However, the Tribunal found that while there were isolated instances of changes in care, such as when the respondent was in hospital, this did not demonstrate an ongoing change in the pattern of care. The applicant's evidence, including her diary entries and photographs, was not considered sufficient to satisfy the Tribunal that there had been a change in the percentage of care from 1 December 2018.

The Tribunal affirmed the decision under review, finding that the applicant had not satisfied the onus of proving a change in the percentage of care of the child.