WLPV and Child Support Registrar (Child support second review)

[2017] AATA 2425

WLPV and Child Support Registrar (Child support second review) [2017] AATA 2425 (1 November 2017)

Division:GENERAL DIVISION

File Number(s):      2017/0721

Re:WLPV

APPLICANT

AndChild Support Registrar

RESPONDENT

AndCDHK

OTHER PARTY

DECISION

Tribunal:Dr Damien Cremean

Date:1 November 2017

Date of written reasons:        1 December 2017

Place:Canberra

Decision under review set aside. A decision is substituted that as of 31 January 2016 the Applicant is entitled to an order representing 100% of care considering he has total care and responsibility for the three children who reside with him. The date of effect of this order is from 6 June 2016.

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Dr Damien Cremean

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

Catchwords

Whether there was change of care in relation to a child – care percentage for new care determination – children residing with Applicant – decision set aside

REASONS FOR DECISION

Dr Damien Cremean

1 December 2017

1. The decision under review in this matter is that made by the Social Services and Child Support Division of this Tribunal on 25 January 2017 which affirmed the decision of the objections officer and found that the Applicant and the Other Party each had 50% care of children A, B and C from June 2016.

2. The issues on review include whether there was a change of care in relation to a child or children; whether the existing care determination should be revoked; and what should be the care percentage for the new care determination.

3. A hearing was conducted on 1 November 2017 by telephone and the Applicant gave affirmed evidence. The Child Support Registrar was represented by Counsel but the Other Party did not attend and was not represented.

4. The facts are that the Applicant and the Other Party are the separated parents of the children: A born on 18 March 2000; B born on 19 March 2001; and C on 29 July 2002.

5. Since 2002 the existing child support assessment was based on the Applicant having 0% care of the children and the Other Party having 100% care of them.

6. On 6 June 2016 the Applicant notified the Department of Human Services that the children had been in his care since 31 January 2016.

7. On 23 June 2016 a decision was made to this effect – that the Applicant had 100% care of the children from 31 January 2016 and the Other Party 0%This was given effect from 6 June 2016 which was the date of notification by the Applicant.

8. On 25 July 2016 the Other Party lodged an objection to that decision.

9. On 5 October 2016 an objections officer allowed the objection and the Applicant reviewed this decision in the Tribunal’s Social Services and Child Support Division but as noted the decision was affirmed.

10. The Applicant by application made on 25 October 2016 seeks review of the decision by this Tribunal.

11. Having heard the Applicant, I am satisfied that that decision must be set aside.

12. I accept the evidence of the Applicant in that regard and find that the children are 100% in his care and that this has been so since at least 31 January 2016. The children reside with him.

13. I find that the Other Party has had no role to play in relation to their care since that date and thus that she has had since then 0% of care of them from that time.

14. There being no evidence to the contrary I accordingly set aside the decision under review and I substitute a decision that as of 31 January 2016 the Applicant is entitled to an order representing 100% of care considering as I find that he has total care and responsibility of the three children A, B and C residing with him.

15. This shall take effect from 6 June 2016.

I certify that the preceding 15 (fifteen) paragraphs are a true copy of the reasons for the decision herein of Dr Damien Cremean

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Associate

Dated: 1 December 2017

Date(s) of hearing:	1 November 2017
Date final submissions received:	1 November 2017
Applicant:	Self-represented
Solicitors for the Respondent:	Department of Human Services
Other Party:	Self-represented