Short and Nance (Child support)

This matter concerned objections lodged by Ms Short regarding child support assessments for her children, [Child 1] and [Child 2], with Mr Nance. The primary dispute revolved around the percentage of care each parent provided for the children, which directly impacts the child support assessment. The decisions under review were made by an objection officer within the child support system.

The court was required to determine whether there had been a change to the ongoing pattern of care for [Child 1] and [Child 2] under sections 49 and 50 of the *Child Support (Assessment) Act 1989*. Specifically, the court had to consider the appropriate care period for calculating percentages, whether existing court orders should dictate care percentages when actual care arrangements differed, and how to assess care when a child attends boarding school and significant financial contributions are made.

In relation to [Child 1] and [Child 2], the court affirmed the objection officer's decision that a change in the pattern of care occurred on 12 June 2020, establishing a 67% care percentage for Ms Short and 33% for Mr Nance, based on consent orders from 2011 and the agreed resumption of care. For [Child 2], the court found that commencing boarding school on 26 January 2021 constituted a change in the pattern of care, overriding previous court orders. The court calculated this as 26% care for Ms Short and 74% for Mr Nance, considering the boarding arrangements and Mr Nance's financial contributions. A subsequent objection regarding [Child 2]'s care from 29 October 2021 was disallowed, reaffirming the 74% care for Mr Nance and 26% for Ms Short, with the court noting that while financial support is a key indicator, scant details were provided regarding Ms Short's active involvement in major decisions for the child.