RXRZ and Child Support Registrar (Child support second review)

This matter concerned a second review before the Tribunal regarding child support assessments. The applicant sought to challenge a decision of the Administrative Appeals Tribunal (AAT) concerning the percentage of care each party had for their children during a specific period. The dispute centred on whether there had been a change in the pattern of care and, if so, from what date that change took effect.

The Tribunal was required to determine the actual percentage of care provided by the applicant and the other party to the children during the period from 10 July 2022 to 29 April 2023. This involved assessing whether the existing care percentage determination should be revoked and replaced, and crucially, if a change in care had occurred, to identify the precise date from which that change was effective.

The Tribunal considered evidence from both parties regarding the fluctuating care arrangements. The applicant provided journal records and testimony suggesting a significant shift in care, with the other party's involvement progressively declining. The other party's evidence also indicated a gradual decrease in care, initially from full-time care to weekend care, and then further reduction as the children commenced employment and found the travel burdensome. The Tribunal noted that the concept of "care" extends beyond mere overnight stays and does not necessarily require a strict time-based calculation.

Ultimately, the Tribunal was satisfied that the pattern of care had changed during the period under review. It set aside the previous decision and substituted its own findings regarding the percentage of care provided by each party, thereby revoking the existing care percentage determination consistent with its findings.