WWYY and Child Support Registrar (Child support second review)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision by an objections officer regarding child support care percentages. The parties involved were WWYY and the Child Support Registrar, with WHDH also participating in the proceedings. The core dispute revolved around the actual care arrangements for the children, which conflicted with existing court orders and the care percentages previously determined. WWYY sought to have the care percentages reflect the actual care provided, while WHDH maintained a 50:50 care arrangement, acknowledging only minor deviations.

The AAT was required to determine the extent of actual care provided by each party to the children, and consequently, the correct care percentages to be applied for child support assessment purposes. A key issue was the nomination of a relevant "care period" by which to assess the extent of actual care, given the conflicting evidence and differing interpretations of care records. The Tribunal also considered WWYY's submission that the revised care percentages should have an earlier date of effect, specifically from May 2018 when the alleged change in care arrangements occurred, rather than from the date of his objection.

The Tribunal considered the evidence presented by both parties, including WWYY's detailed care record, which was a marked-up calendar covering the period from May 2018 to October 2019. It compared this record with WHDH's assertions of a 50:50 care arrangement, noting that WHDH admitted to allowing WWYY additional time with the children on several occasions for specific reasons, such as family visits or to assist with the sale of the marital home, and more recently due to her commencing full-time work. The Tribunal found that the actual care arrangements varied from the court orders and that WWYY's care record provided a more accurate reflection of the day-to-day care provided. The legal principle applied was to assess child support based on the actual care provided, rather than solely on court orders or stated intentions, where there was a demonstrable divergence.

The Tribunal set aside the objections officer's decision and revoked the existing care percentage determinations. It then made a new care percentage determination to reflect the actual care provided by WWYY and WHDH. The Tribunal also determined that the new care percentage determination should take effect from 13 June 2019, the date WWYY lodged his objection, rather than the earlier date of May 2018 as sought by WWYY.