XHRC and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support care percentage determination, brought before the Tribunal by the Father against the Child Support Registrar. The dispute centred on the pattern of care of the Children during a specific period between 6 April 2018 and 28 August 2018, following a notified change in care arrangements. The parties presented conflicting accounts of the actual care provided by each parent during this "Relevant Care Period."

The Tribunal was required to determine whether the existing care percentage determination in place at 10 April 2018 should be revoked under section 54F(1) of the Assessment Act. If revocation was warranted, the Tribunal also needed to determine the correct percentage of care to be attributed to the Father and the Mother under section 50 of the Assessment Act, and specify the date of effect for any new determination. The core of the dispute involved assessing the actual care provided by each parent, which had deviated from the consent orders made in 2009 due to the Father's work commitments.

The Tribunal considered the evidence, including written submissions and care calendars provided by both parents. It found that the Father's work arrangements during the Relevant Care Period meant he was unable to adhere to the usual pattern of care or the existing court orders. Applying section 54F of the Assessment Act, the Tribunal was satisfied that a change in care had occurred. After analysing the care calendars, and noting a minor discrepancy which was resolved in favour of the Father's calendar, the Tribunal concluded that the Father had 34 percent care and the Mother had 66 percent care of the Children during the period in question.

Consequently, the Tribunal revoked the care percentage determination in place on 10 April 2018. In substitution, it determined that for the period between 6 April 2018 and 28 August 2018, the Father had 34 percent care and the Mother had 66 percent care of the Children. The date of effect for this new determination was established as 5 April 2018, as the change of care had been notified to the Respondent within the prescribed 28-day period.