YKPT and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment before Senior Member Dr N A Manetta of the Administrative Appeals Tribunal. The applicant, L’s mother, sought to have her percentage of care for their child, L, increased from 86% to 100% from 1 September 2022. She also contended that care provided by L’s paternal grandparents should be counted towards her care.

The Tribunal was required to determine whether the applicant had demonstrated an increase in her percentage of care for L, specifically from 1 September 2022, and whether care provided by L’s paternal grandparents should be attributed to her. The applicant’s primary argument for an increased care percentage rested on her role as an emergency contact and her responsibility for preparing L for overnight stays with the paternal grandparents, as well as her continued payment for L’s swimming lessons.

The Tribunal rejected the applicant’s submissions regarding an increase in her care percentage. It found that the applicant’s continued payment for swimming lessons and her role in preparing L for overnight stays did not alter the factual reality of who was providing care. Furthermore, the Tribunal reasoned that while L’s mother might remain an emergency contact, this did not equate to her providing care, particularly as the paternal grandparents would be expected to exercise judgment in contacting appropriate individuals, which could include L’s father or even handling matters themselves. The Tribunal concluded that the evidence did not support an increase in the applicant’s care percentage beyond 86% for the period in question.