TQMT and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment between TQMT and BJJL, with the Child Support Registrar as the respondent. The dispute centred on the correct percentage of care attributed to each parent for their child, M, during a specific period following the parents' separation. The review was heard by Dr Stewart Fenwick, Senior Member.

The court was required to determine the relevant care period for the child, whether a pattern of care existed between the parents, and if so, what percentage of care accurately reflected the actual care provided by each parent. The court also needed to consider the implications of the parents living separately under the one roof and the respective financial contributions made by each parent towards the child's welfare and household expenses.

The Senior Member reasoned that a pattern of care existed and that the relevant period commenced on 25 October 2019, the date of separation, and concluded on 5 October 2020, the day before the child turned 18 and was no longer in full-time study. While acknowledging that primary and direct personal care of the child lay with BJJL, and that an intervention order prevented TMQT from exercising decision-making authority, the Senior Member considered the varying financial contributions to the household. The court found that despite the physical separation within the shared residence, the parents shared the kitchen and laundry facilities, and that TMQT was the sole contributor to the joint bank account from which household expenses were paid, making a significant financial contribution to the child's welfare. Although BJJL had a period of employment and made some payments towards household outgoings, this was not considered a significant enough change to alter the pattern of care.

The Tribunal decided to set aside the previous decision and substituted it with a determination that BJJL had 51% of the care for M, and TMQT had 49% of the care, for the period between 25 October 2019 and 5 October 2020.