Baba and O’Bear (Child support)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning child support payments between Baba and O’Bear. The core of the disagreement revolved around the percentage of care each party provided for their child, which directly impacts the child support assessment. The AAT was tasked with reviewing existing determinations regarding the percentage of care and potentially making new ones.

The Tribunal was required to determine whether there had been a change in the likely pattern of care for the child since the last assessment. This involved assessing the evidence presented by both Baba and O’Bear regarding the actual care arrangements and any anticipated future changes. Furthermore, the AAT had to consider whether the applications for review were lodged within the prescribed time limits and, if not, whether there were special circumstances that would permit a late review under the relevant legislation.

In its reasoning, the AAT applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the determination of care percentages. The Tribunal found that the evidence demonstrated a significant and likely ongoing change in the pattern of care. Consequently, the AAT revoked the existing percentage of care determinations and made new determinations reflecting the current care arrangements. Regarding the late applications, the AAT concluded that no special circumstances existed to justify accepting them out of time, and therefore, no determination could be made under subsection 95N(2) of the Act in relation to those late applications.