Teasley and Teasley (Child support)

[2023] AATA 422

Teasley and Teasley (Child support) [2023] AATA 422 (18 January 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2022/MC024883

APPLICANT:  Ms Teasley

OTHER PARTIES:  Child Support Registrar

Mr Teasley

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  18 January 2023

CATCHWORDS

CHILD SUPPORT – dismissal of application for review – percentage of care - no reasonable prospect of success - application for review dismissed

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. 

DISMISSAL OF APPLICATION FOR REVIEW:

1. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

2. The reasons for this decision are set out in the following paragraphs.

3. A child support assessment has been registered with the Child Support Agency (the Agency) since 29 November 2021. From the date that the case was registered the care of the parents’ son reflected that her was in the father’s 78% care and the mother’s 22% care, consistent with consent court care orders dated 3 February 2022. 

4. On 21 March 2022 the father advised that the son had not spent time with his mother for two months.

5. On 21 May 2022 the Agency applied an interim care period to the assessment from 4 February 2022 to 3 February 2023, reflecting the care percentages as consistent with the court orders in place. The actual care of the son was reflected in the administrative assessment as 100% to the father and 0% to the mother from 4 February 2023.  

6. On 30 May 2022 the father lodged an objection to the decision to apply an interim care period. His objection was disallowed on 11 October 2022.

7. The mother then lodged an application to this Tribunal on 21 October 2022.

8. On 22 November 2022 the mother participated in an Early Case Appraisal Conference. It was explained to her that the interim period determination was the maximum period permitted under the law and therefore it was not possible for her receive a more favourable outcome should she continue with her application.

9. On the same day, the Tribunal wrote to the mother stating:

   As discussed, here is a link to information in the Child Support Guide about Change of Assessment (COA) applications. There are ten grounds under which the assessment can be changed. I would suggest this is the way to have your concerns about the affordability of the ongoing assessments addressed. You will need to make the COA application to Child Support initially.
   2.6 Change of assessment in special circumstances | Child Support Guide (dss.gov.au)

   I have also included a link here to information about care percentage decisions and, in particular, interim care decisions. That is the decision which is currently before the tribunal to review. As mentioned, the longest an interim care period can be applied is 52 weeks which is what has been applied in your case.
   2.2.4 Disputed care arrangements | Child Support Guide (dss.gov.au)

   Once you have considered the above, please confirm whether you wish to proceed with your tribunal application regarding the care percentages recorded for Jordan.

10. On 5 December 2022 the Tribunal again wrote to the mother and asked whether she intended to proceed with her application. On 19 December 2022 the mother indicated that she wished to proceed with the application.

11. On 21 December 2022 the Tribunal wrote to the mother stating:

    As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

    You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

12. In view of there being no submission or evidence received from the mother to contradict the findings made by the Agency and that, under the relevant legislation, a more favourable outcome than that is currently in place is not available, the Tribunal is satisfied that the application for review has no reasonable prospect of success and so dismisses the application pursuant to subsection 42B(1) of the AAT Act.