Shelley and Long (Child support)

This matter concerned an appeal by Ms Shelley against a decision of the Child Support Registrar regarding the percentage of care for their child, [Child 1]. The dispute arose from the Registrar's determination that neither parent was eligible to receive child support payments, a decision Ms Shelley sought to have set aside.

The primary legal issue before the court was whether the Registrar's decision that both parents had ceased to be eligible carers was correct, given the circumstances of [Child 1]'s living arrangements and the care provided by each parent. The court was required to assess whether the pattern of care had changed to such an extent that the eligibility criteria for child support were no longer met by either party.

The court considered evidence, including a letter from Ms Shelley's mother, detailing [Child 1]'s decision to reside with her boyfriend in [Town 2] from February 2018. This evidence indicated that [Child 1] had a room at her grandmother's home, her mailing address remained consistent, and she was frequently seen by her grandmother, who provided significant practical support, including transport and financial assistance. Ms Shelley also provided bank transaction records showing regular financial contributions to [Child 1] between December 2017 and July 2018. Mr Long stated he became aware of [Child 1]'s move in December 2017 and believed she received little financial support from Ms Shelley. The court found that despite [Child 1]'s change in residence, the evidence did not demonstrate a cessation of care by Ms Shelley, nor a significant change in the overall pattern of care that would render her ineligible.

The court set aside the Registrar's decision and substituted it with a finding that Ms Shelley remained an eligible carer.