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Tribunal: Member P Jensen

The application for review concerns the percentage of care that each parent provides for the child in the child support assessment. The existing percentages of care recorded in the child support assessment were 72 per cent to the mother and 28 per cent to the father.

On 11 January 2018, the father advised the Child Support Agency (the Agency) that he provides more care from 28 November 2017. The Agency decided to change the percentages of care and recorded the father as providing 37 per cent of the care and the mother as providing 63 per cent of the care from 11 January 2018. The father objected to this decision and the Agency disallowed his objection. The father applied to the AAT for further review.

The mother, who chose not to be made a party to the hearing, had confirmed to the Agency that the father was generally providing court ordered care, except between 10 February 2018 and 22 March 2018 where he did not provide any care. She calculated that he provided 37.5 per cent care for a one-year period commencing 28 November 2017.  

At the hearing, the father accepted the accuracy of the information provided to the Agency by the mother. The AAT concluded that the decision made by the Agency was therefore correct and affirmed the decision under review.

Read the full decision on AustLII.