Tibbets and Cracroft (Child support)

The Administrative Appeals Tribunal considered the child support assessment for a 17-year-old child. The dispute concerned the percentage of care attributed to each parent, specifically whether the father should be considered to have a greater percentage of care than that assessed by the Child Support Registrar. The child had been living with friends and was employed, while the father provided occasional financial and emotional support, and the mother had limited contact with the child.

The Tribunal was required to determine whether the Registrar's decision regarding the percentage of care was correct. This involved assessing whether the factual circumstances met the criteria for attributing a particular percentage of care under the relevant child support legislation, particularly in light of the child's age and independent living arrangements.

Member K Hamilton affirmed the Registrar's decision, finding that the father did not have a greater percentage of care. The Tribunal's reasoning focused on the practical realities of the child's living situation and the nature of the support provided by the father. The occasional nature of the father's financial and emotional contributions, coupled with the child's independent living and employment, meant that the threshold for attributing a higher percentage of care to the father was not met. The Tribunal applied the principles of the *Child Support (Assessment) Act 1989* (Cth) concerning the assessment of care percentages.