WLPV and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment, brought before Dr Kirrily Jordan of the Administrative Appeals Tribunal. The applicant, WLPV, sought to challenge a decision by the Child Support Registrar regarding the care percentage of a child. The core of the dispute revolved around whether a change of care had occurred, necessitating a new determination of care percentages.

The Tribunal was required to determine whether the Registrar’s decision was correct or preferable, specifically focusing on whether the child’s residence had changed in a manner that altered the care percentages. This involved an assessment of the factual circumstances surrounding the child’s living arrangements and whether these constituted a "change of care" as defined by the relevant legislation.

Dr Jordan found that the evidence established that the children were residing with the applicant, WLPV. This factual finding led to the conclusion that the Registrar’s previous decision, which did not reflect this change in residence, was not correct. Consequently, the Tribunal set aside the Registrar's decision.