Steffen and Dustin (Child support)

[2020] AATA 4300

Steffen and Dustin (Child support) [2020] AATA 4300 (4 September 2020)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2020/SC019401

APPLICANT:  Mr Steffen

OTHER PARTIES:  Ms Dustin

Child Support Registrar

TRIBUNAL:Member P Jensen

DECISION DATE:  4 September 2020

DECISION:

The decision under review is varied so that Mr Steffen is recorded as providing 42% care and Ms Dustin is recorded as providing 58% care of the children with effect from 11 March 2020.

CATCHWORDS

CHILD SUPPORT – percentage of care – determination of the likely pattern of care from the start of the administrative assessment – decision under review affirmed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

1. Mr Steffen and Ms Dustin are the parents of three children. On 11 March 2020, Ms Dustin applied to register a child support case with what is commonly called the Child Support Agency, or CSA. The CSA decided to register a child support case. It also decided to record Mr Steffen as providing 43% care and Ms Dustin as providing 57% care to the children with effect from 11 March 2020.

2. On 2 April 2020, Mr Steffen objected to the care decision.

3. On 28 April 2020, Mr Steffen reported a change in care from 10 April 2020.

4. On 24 June 2020 an objections officer decided to allow Mr Steffen’s objection and record each parent as providing 50% care to the children with effect from 11 March 2020.

5. On 6 July 2020, Mr Steffen applied to the Tribunal for review of the objections officer’s decision.

6. On 11 August 2020 the CSA decided to not record a change in care from 10 April 2020.

7. I heard Mr Steffen’s application for review on 4 September 2020. As I explained during the hearing, the current application for review only concerns the parents’ pattern of care from 11 March 2020. Both parents agreed that when the child support case was registered, Mr Steffen was providing six nights of care per fortnight and Ms Dustin was providing eight nights of care per fortnight, and that pattern of care was a fair basis upon which to calculate their percentages of care for child support purposes. Care decisions are made pursuant to the Child Support (Assessment) Act 1989. Section 54D of that Act provides that percentages less than 50% are rounded down to the nearest whole percentage and percentages more than 50% are rounded up to the nearest whole percentage. For those reasons, Mr Steffen will be recorded as providing 42% care and Ms Dustin will be recorded as providing 58% care with effect from 11 March 2020.[1]

   [1]        6 / 14 = 42.85%. 8 / 14 = 57.15%.

8. It is worth noting Mr Steffen’s explanation as to why he applied to the Tribunal for review. He said there had been a number of changes in care and he had believed that the Tribunal would be able to make decisions concerning each of those changes. He said he had consequently not (yet) objected to the care decision that was made on 11 August 2020. They are matters that he can discuss with the CSA directly.

DECISION

The decision under review is varied so that Mr Steffen is recorded as providing 42% care and Ms Dustin is recorded as providing 58% care of the children with effect from 11 March 2020.