RSFS and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before the Administrative Appeals Tribunal. The applicant, RSFS, sought to challenge a decision by the Child Support Registrar regarding the percentage of care provided to two children. The core of the dispute revolved around the actual care arrangements for the children, particularly in light of domestic violence orders and the involvement of adult siblings.

The Tribunal was required to determine whether the Registrar’s decision, which affirmed an earlier decision regarding the care percentage, was correct. This involved assessing the factual circumstances of the children's living arrangements and the extent to which each parent was providing day-to-day care, considering the impact of the domestic violence orders and the role of other household members.

The Tribunal affirmed the Registrar's decision, finding that the evidence did not support a change to the assessed care percentage. It was held that the domestic violence orders, while significant, did not alter the practical reality of the children's care arrangements as determined by the Registrar. The Tribunal considered the actual care provided by each parent and concluded that the existing assessment accurately reflected the situation, notwithstanding the involvement of adult siblings in the household.