Tumlin and Lillard (Child support)

This matter concerned an appeal by the applicant, Tumlin, against a decision of the Child Support Registrar regarding the assessment of child support payable by the respondent, Lillard. The dispute centred on the percentage of care attributed to each parent for their child, particularly in circumstances where the child was living away from home.

The primary legal issue before the Tribunal was whether the Registrar's decision to assess child support based on a particular percentage of care was correct, notwithstanding the child's living arrangements. Specifically, the Tribunal had to consider whether the applicant, despite the child not residing with them full-time, was still considered to be providing the necessary financial support, guidance, and transport to warrant a specific care percentage.

The Tribunal affirmed the Registrar's decision, finding that the evidence supported the assessment of the care percentage as determined. The Member applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) and relevant case law concerning the assessment of care percentages, particularly in situations where a child is living away from home. The Tribunal was satisfied that the applicant continued to provide substantial financial support, guidance, and transport for the child, which justified the care percentage attributed to them in the assessment.