Boulton and Maloney (Child support)

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding a child support assessment. The parties, Boulton and Maloney, were in dispute over the care percentage attributed to each parent, which directly impacts child support obligations. The core of the dispute revolved around the date from which an objection decision should take effect, specifically in relation to the lodgement of that objection.

The primary legal issue before the Court was to determine whether the objection lodged by one of the parties was out of time, and consequently, whether the objection decision under subsection 87AA(2) of the relevant legislation had the correct date of effect. This required the Court to interpret the provisions governing the lodgement of objections and the commencement of their validity.

Her Honour, Magistrate Webb, found that the objection had been lodged within the prescribed time limits. Applying the relevant legislative provisions, the Court determined that the objection decision should have taken effect from an earlier date than that initially determined. Consequently, the Court set aside the previous decision and substituted it with its own finding regarding the effective date of the objection.