SFVY and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before Senior Member Dr Damien Cremean. The dispute centred on the percentage of care each parent, SFVY and YWMN, had of their child, T, during the period of 8 April 2020 to 8 October 2020. The parents had formally separated on 8 April 2020, and there was significant ill-will and limited contact between T and YWMN thereafter.

The Senior Member was required to determine the applicable section of the Child Support (Registration and Collection) Act 1989 (Cth) for assessing the percentage of care and, consequently, to make a new determination of the care percentages for the relevant period. This involved considering the evidence presented by both parents regarding T's living arrangements, including periods at boarding school and during COVID-19 restrictions, and the communication between the parents and the Child Support Registrar regarding care changes.

In reaching his decision, the Senior Member applied section 54H of the Act, which directs consideration of the relevant period for determining the percentage of care. He found both parents to be truthful witnesses and had regard to the principles outlined in *Polec and Staker* [2011] FMCA fam 1398. The Senior Member determined that the initial administrative care determination of 15 May 2020, which had been subsequently altered and then erroneously re-issued, did not accurately reflect the pattern of care.

Consequently, the Senior Member revoked the previous determination and made new findings. From 8 April 2020 to 7 June 2020, SFVY was determined to have 100% care and YWMN 0%. From 8 June 2020 to 8 October 2020, SFVY was determined to have 70% care and YWMN 30%. This new determination was made effective from 18 February 2021, in accordance with section 95N(2) of the Child Support (Registration and Collection) Act 1988 (Cth).