ZHQF and Child Support Registrar (Child support second review)

This matter concerned a second review of a child support assessment, brought by the Applicant against the Child Support Registrar. The central dispute revolved around determining the correct percentage of care for the child during a specific period, which directly impacted the child support assessment. The Tribunal considered the evidence presented by both parties regarding the child's living arrangements and the level of care provided by each parent.

The primary legal issue before the Tribunal was to ascertain the accurate percentage of care each party had for the child during the period from 18 February 2019 to 28 June 2019, in accordance with section 54A of the Assessment Act. This involved evaluating the conflicting evidence regarding the child's overnight stays and the nature of the care provided by each parent, particularly in light of the child's university attendance and scholarship. The Tribunal also had to consider the admissibility and weight of various forms of evidence, including witness statements and documentary evidence, while navigating allegations made by each party against the other.

The Tribunal reasoned that in the absence of extensive corroborating evidence from either party, the determination of care percentage should be based on the number of nights the child spent in each party's care. While acknowledging inconsistencies between the Applicant's calendar and Google Maps data, the Tribunal found them to be approximately 90% consistent. The Tribunal noted that while both parties likely spent money on the child and communicated regularly, precise records were not presented. Crucially, the Tribunal found that the child spent most weekends during the university semester and a study period with the Applicant, leading to the conclusion that the Applicant had 60% care and the Other Party had 0% care during the relevant period.

Consequently, the Tribunal varied the existing care determination of 0% shared care. It made a new determination that the Applicant had a shared care percentage of 60% for the period from 18 February 2019 to 28 June 2019. The decision under review was set aside and substituted to reflect this revised shared care percentage.