Schaapwol and Sialkirk (Child support)

This matter concerned an appeal by the father, Mr Schaapwol, against a decision of the Child Support Registrar concerning the assessment of child support payable for his two children. The dispute centred on the percentage of care attributed to each parent, specifically whether a change in the pattern of care had occurred and, if so, when that change should be recognised for the purposes of child support assessment. The appeal was heard by Senior Member R Ellis of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine the correct percentage of care for the children, and consequently the appropriate child support assessment, given that the father's asserted pattern of care had not been followed for several years. This involved considering whether the Registrar had erred in failing to recognise a change in the pattern of care, particularly in light of the children’s own preferences and the practical difficulties arising from the distance between the parents. The Tribunal also had to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and whether the Registrar’s decision was consistent with the legislative framework.

Senior Member Ellis reasoned that while the father had initially conceded that the pattern of care had changed and then ceased, the Registrar’s decision had not adequately accounted for this shift. The Tribunal considered the evidence regarding the lack of regular overnight care by the father for a significant period, the geographical distance between the parties, and the expressed wishes of the teenage children. The Senior Member found that the Registrar’s decision was inconsistent with the factual circumstances and the legislative intent regarding the recognition of actual care arrangements. The Tribunal set aside the Registrar's decision and substituted its own assessment, reflecting the established pattern of care.