RYKB and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support care percentage determination, brought by the applicant, RYKB, against the Child Support Registrar. The dispute centred on whether the payee, KZMS, had ceased to have actual care of the parties' child, H, from 27 October 2019, thereby impacting RYKB's child support obligations. RYKB contended that KZMS was incapable of providing care due to mental illness and that H was in the care of his maternal grandfather, WG, or that neither parent was providing actual care.

The court was required to determine whether there had been a change in the ongoing pattern of care for H from 27 October 2019, and consequently, whether RYKB had an obligation to pay child support. Specifically, the court had to consider whether KZMS was providing actual care for H, even during periods of hospitalisation, and whether the evidence supported RYKB's assertion that neither parent was providing care. The legal issue also involved assessing the weight to be given to conflicting evidence regarding H's residence and care arrangements.

The court applied sections 49 and 50 of the *Child Support (Assessment) Act 1989*, which require satisfaction that there has been a change to the ongoing pattern of care to alter recorded care percentages. The court considered evidence including school records, statements from WG, and the parties' own submissions. Despite RYKB's claims of KZMS's incapacity due to mental illness and hospitalisations, the court found that KZMS maintained responsibility for H's welfare and expenses, and that WG's involvement was that of a supportive grandfather rather than a primary carer. Crucially, school records indicated H resided with KZMS, and WG confirmed that while H and KZMS stayed with him sometimes, KZMS remained responsible for H's care and decision-making.

The Registrar's decision to refuse to reflect a change in H's care arrangements from 27 October 2019 was affirmed. Consequently, H's care was continued to be recorded as 100% with KZMS, and RYKB's objection was disallowed, meaning his child support assessment remained unchanged.