Aldous and Aldous (Child support)

This matter concerned an appeal by the father, Mr Aldous, against decisions of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care and the appropriate date from which any revised percentage of care should take effect. The appeal was heard by the Federal Magistrates Court of Australia.

The primary legal issues before the Court were whether the Registrar had erred in revoking existing percentage of care determinations and making new ones, and whether the Registrar had correctly determined the date of effect for these new determinations. Additionally, the Court was required to consider whether there were special circumstances that prevented the father from lodging his objection to the Registrar's decisions within the prescribed time, and similarly, whether special circumstances existed that prevented the father from lodging his application for review within the prescribed time.

The Court found that the Registrar had correctly determined that there had been a change to the likely pattern of care and that the existing percentage of care determinations should be revoked and new ones made. In relation to the date of effect, the Court affirmed the Registrar's decisions, finding that special circumstances did exist which prevented the father from lodging his objection and application for review in time. Consequently, the Court ordered that the care percentage decisions be applied from an earlier date than initially determined by the Registrar.