XQTJ and Child Support Registrar (Child support second review)

This matter concerned an appeal from a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal (the Tribunal) regarding child support. The applicant sought to challenge a determination of the percentage of care for the children. Evidence before the Tribunal included documentary evidence, such as tables detailing daily care arrangements, and oral evidence from both parties.

The primary legal issue before the Tribunal was to determine the applicable "care period" for the purposes of calculating child support. This involved interpreting section 50(1)(a) of the Child Support (Assessment) Act 1989 (Cth), which allows the Registrar to consider a period appropriate to all the circumstances, particularly where a pattern of care exists. The Tribunal also considered guidance from the Child Support Guide regarding the determination of care periods, noting that while not binding, it should be taken into account.

The Tribunal reasoned that the applicable care period should commence on 4 October 2021, the date of an interim consent order made by the Federal Circuit and Family Court of Australia concerning parenting arrangements, and conclude on 24 March 2022, when a further interim order was made. This approach was supported by submissions from the Child Support Registrar and aligned with previous findings in related matters between the parties. Furthermore, the Tribunal determined that calculations based on hours of care, as contended by the other party, more accurately reflected the actual caring arrangements than a simple count of nights, given the specific court orders for care during particular hours.

Consequently, the Tribunal affirmed the reviewable decision, finding no grounds to revoke the existing determination of care percentage. The appeal was therefore dismissed.