WYZR and Child Support Registrar (Child support second review)

This matter concerned a review of four decisions made by the Administrative Appeals Tribunal (AAT) regarding the percentage of care attributable to each parent for their two children. The applicant, the mother, sought to challenge these AAT decisions, which had affirmed or substituted previous determinations by the Child Support Agency concerning the allocation of care between herself and the father. The dispute centred on the actual pattern of care for the children following the parents' separation and various court orders.

The primary legal issues before the Tribunal were whether existing determinations of the percentage of care should be revoked, and if so, from what date, what the new percentage of care should be, and the effective date of any new determinations. The mother contended that the AAT decisions did not accurately reflect the actual care arrangements, particularly concerning periods of her sole care during international travel and the graduated increase in the father's care over time. She presented calendar entries to support her calculations of differing care percentages. The father disputed these calculations, arguing the calendar entries were self-serving and that the care arrangements were largely consistent with the court orders, which he contended made allowances for holidays and overseas trips.

The Tribunal considered the evidence presented by both parties, including the mother's calendar entries and the father's assertions regarding the court orders and agreed arrangements. The Tribunal found that the pattern of care from 3 April 2019 was substantially consistent with the period prior to 28 February 2019. Consequently, the Tribunal was satisfied that the care percentage from 3 April 2019 should be 38% to the father and 62% to the mother. The Tribunal ultimately affirmed the decisions under review.