TKFR and Child Support Registrar (Child support second review)

This matter concerned a review of a child support second review decision by the Administrative Appeals Tribunal (AAT). The parties involved were the Mother and the Child Support Registrar, with the Father's care arrangements for the child, A, being the central point of contention. The dispute arose from differing claims regarding the percentage of care each parent provided for A, which directly impacts child support assessments.

The primary legal issues before the Tribunal were whether there had been a change in the pattern of care for A on or before 5 December 2019, necessitating the revocation of existing care determinations and the making of new ones. If a change in care was established, the Tribunal also had to determine the effective date for these new percentage of care determinations.

The Tribunal found the Mother's evidence to be more reliable and persuasive, supported by corroborating documentary evidence from third parties, including a work colleague, a friend, and the child's former husband. This evidence suggested the Father had minimal, if any, contact with A, and that the Mother was the sole carer. The Tribunal considered the factors outlined in *Polec & Staker & Anor* [2011] FMCAfam 959, which guide the determination of care, and concluded that the Mother bore the responsibility for A's accommodation, food, childcare, education, health care, emotional support, supervision, transport, and financial support. The Tribunal was not persuaded that the Father had the claimed 14% care, finding instead that the Mother had 100% care and the Father had 0% care.

Consequently, the Tribunal set aside the previous AAT decision. It found that there was a change in care on or before 5 December 2019, and substituted new care determinations reflecting 100% care for the Mother and 0% care for the Father. The practical effect of this decision was to uphold the Mother's objection.