Vangalda and Millar (Child support)

The case of *Vangalda and Millar* concerned a dispute over the percentage of care for a child, which is a crucial factor in determining child support obligations. The decision was made by Deputy President Walsh of the Child Support Specialising Division of the Administrative Appeals Tribunal. The applicants sought to have a decision of the Registrar reviewed, specifically concerning the percentage of care attributed to each parent.

The primary legal issue before the Tribunal was to determine the correct percentage of care for the child, having regard to a parenting plan that had been put in place. This determination was to be made for the purpose of a child support assessment, and the Tribunal needed to consider when such a percentage of care determination would take effect.

Deputy President Walsh reasoned that the percentage of care should reflect the likely pattern of care as outlined in the parenting plan. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on how a parenting plan influences the assessment of care percentages. The Tribunal found that the Registrar's decision was not in accordance with the law and that the percentage of care determination should apply from the commencement date of the child support assessment.

Consequently, the Tribunal set aside the Registrar's decision and substituted it with its own determination regarding the percentage of care.