TQRY and Child Support Registrar (Child support second review)

This matter concerned a review of a child support decision regarding the percentage of care of three children. The parties involved were the Father and the Mother, with the Child Support Registrar as the respondent. The dispute centred on the correct percentage of care each parent had for their children and the date from which any revised care arrangements should take effect. The review was heard by P Ranson M of the Tribunal.

The Tribunal was required to determine two primary issues: first, what percentage of care should be reflected in the child support register from the commencement of the new administrative assessment, and second, what date of effect should apply to any determined percentage of care. These issues arose following previous decisions by the Child Support Agency and the Tribunal itself, which had resulted in differing recorded percentages of care and dates of effect.

The Tribunal considered the parties' evidence regarding an "Agreed Care Determination" which proposed a 50% care arrangement for each parent. However, the Tribunal found that while the 50% split was mutually agreed, the parties disagreed on its commencement date, with the Father advocating for an earlier date and the Mother for a later one. Due to the lack of clarity in the Father's evidence regarding the timing of this agreement, the Tribunal concluded that the Agreed Care Determination could not be applied. The Tribunal then analysed the calendars of care provided by both parents for the period between November 2017 and September 2019. It noted that the eldest child had turned 18 and was no longer subject to child support. The Tribunal found that the calendars did not demonstrate a discernible pattern of care due to the children seemingly spending alternate nights with each parent, leading to unpredictable arrangements. Applying section 54A(1) of the Assessment Act, the Tribunal analysed the Father's calendar of care and determined that it recorded 53% overnight care with the Father during the relevant period.

The Tribunal affirmed the previous decision that the Mother had 72% care of the children.