VTMM and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a decision by the Child Support Registrar regarding the percentage of care for a child, Child J. The applicant sought a review of a previous AAT decision that had set aside an objection officer's decision affirming a new care percentage. The dispute centred on whether there had been a change in the care arrangements between the child's parents from 1 July 2018.

The Tribunal was required to determine whether a change in care had occurred from 1 July 2018, and if so, whether this necessitated a change to the percentage of care allocation. Further, if a change was not automatically required, the Tribunal had to consider whether to exercise its discretion to make such a change, and from what date any change would take effect. The relevant legislative framework included sections of the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989, which govern the review of care percentage decisions and the circumstances under which determinations of care must or may be revoked.

The Tribunal considered evidence from both parents, including text messages and an NDIS plan. The applicant contended that the other party's care had changed from a weekend arrangement to a fortnightly basis due to disagreements and inconsistent care. However, the Tribunal found that the evidence, particularly the text messages, indicated that the other party was seeking to arrange alternative care periods when he was unavailable, rather than demonstrating a complete cessation or significant reduction in care. The Tribunal was not satisfied that the evidence substantiated a change in care that would trigger a mandatory revocation or a discretionary change to the care percentage allocation under the relevant provisions of the Child Support (Assessment) Act 1989.

The Tribunal affirmed the previous AAT decision, finding that there was insufficient evidence to establish a change in care from 1 July 2018 that would warrant a revision of the care percentage allocation. Consequently, no change to the percentage of care was made.