RRBK and Child Support Registrar (Child support second review)

This matter concerned a review of a child support assessment, brought before a Senior Member of the Tribunal. The applicant sought a change to the percentage of care attributed to each parent for their child, Child A, and the date from which any such change should take effect. The dispute arose from differing accounts of the actual nights of care provided by each parent, particularly following an alleged change in arrangements in late 2014.

The primary legal issues before the Tribunal were whether the care arrangements for Child A had changed, and if so, how this change impacted the calculation of the percentage of care for each parent. This calculation is crucial for determining the child support assessment under the *Child Support (Assessment) Act 1989* (Cth), as it dictates the cost percentage applied. The Tribunal also had to consider the evidentiary challenges in reconciling inconsistent accounts of the number of nights of care provided by each parent.

The Senior Member noted that while the parties provided conflicting evidence regarding the precise number of nights of care, a discernible pattern of care had emerged since December 2014. This pattern, which involved specific arrangements during school terms, holidays, and the Christmas period, was considered sufficiently consistent between the parties to establish a basis for calculation. The Tribunal applied the relevant provisions of the Act, including those concerning the date of effect for changes to care arrangements, and determined that the established care pattern resulted in a care percentage of 86% for the applicant and 14% for the other party.

Consequently, the Tribunal found that this calculation did not alter the existing cost percentage. The decision under review, which had set aside a previous departmental decision to vary the care percentages, was affirmed.