Wirth and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered the appeal of Wirth against a decision of the Child Support Registrar concerning the percentage of care for a child. The dispute centred on determining the likely pattern of care from the commencement of the administrative assessment.

The Tribunal was required to determine whether the Registrar’s decision, which had set aside and substituted a previous assessment, was correct. Specifically, the Tribunal had to ascertain the correct percentage of care to be applied for the purposes of the child support assessment, considering the period from the start of the administrative assessment.

The Tribunal found that the evidence did not support the Registrar’s conclusion regarding the pattern of care. It applied the principles of the *Child Support (Registration and Collection) Act 1988* and relevant case law concerning the assessment of care arrangements. The Tribunal concluded that the initial assessment, which reflected a different pattern of care, was the correct one. The decision under review was therefore set aside and substituted with the original assessment.