ZBYM; Child Support Registrar and (Child support second review)

The proceeding concerned a dispute between the Respondent father and the mother of a child, Jill, regarding the percentage of care each parent provided. This percentage of care is a critical factor under the *Child Support (Assessment) Act 1989* (CSAA) for determining child support liabilities. The court was required to review a decision made by the Child Support Registrar.

The central legal issue before the court was to determine the actual pattern of care for Jill between December 2017 and September 2019, and consequently, the correct percentage of care attributable to the Respondent father during that period. This determination was necessary to assess the appropriate child support payments under the CSAA, particularly in light of a claimed significant increase in the mother's care percentage.

The court considered evidence presented by both parents regarding Jill's living arrangements. The mother asserted that Jill had been in her care 93% of the time since late 2017, with minimal overnight stays with the paternal grandmother. The father contended that Jill had stayed with his mother (and thus been in his care) for two nights per fortnight since December 2017. The court accepted the mother's submissions regarding the extent of her care and the pattern of Jill residing with her paternal grandmother, preferring this evidence over the father's account.

Consequently, the decision under review was set aside. The court substituted a new decision, determining that the Respondent father's percentage of care for Jill during the period of 1 December 2017 to 12 September 2019 was 7%.