Dwight and Dwight (Child support)

The Administrative Appeals Tribunal considered an objection lodged by the applicant, Dwight, concerning a child support assessment. The dispute centred on the percentage of care attributed to each parent, Dwight and Dwight, and the date from which any change to this percentage should take effect.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child. Further, it needed to ascertain the appropriate date for the effect of any revised assessment, and crucially, whether there were special circumstances that justified the late lodgement of Dwight's objection.

The Tribunal found that special circumstances did exist which prevented the objection from being lodged within the prescribed time. Applying the relevant provisions of the Child Support (Registration and Collection) Act 1988, the Tribunal concluded that the decision under review should be set aside and substituted with a new decision reflecting the findings regarding the pattern of care and the date of effect. The Tribunal ordered that the decision under review be set aside and substituted.