Eads and Boyd (Child support)

This matter concerned an appeal by Ms Boyd to the Administrative Appeals Tribunal regarding a child support assessment for her child, [Child 1]. The dispute centred on whether there had been a change in the pattern of care for [Child 1] that would warrant a new determination of the percentage of care. Ms Boyd sought to revoke a previous determination that she had 100% care of the child.

The Tribunal was required to determine whether it was satisfied that a person had had, or was likely to have, a pattern of care during a care period that was considered appropriate having regard to all the circumstances, as required by section 50 of the relevant Act. Additionally, the Tribunal had to consider the date from which any objection to a care percentage decision would have effect, particularly where the objection was lodged more than 28 days after the person was served with notice of the decision, and whether there were special circumstances to extend this time limit under subsection 87AA(2) of the Registration Act.

The Tribunal found that there had not been a demonstrated permanent change in the care of [Child 1]. The evidence indicated that the child's departure from Ms Boyd's care was on a trial basis and that he had returned to her care shortly thereafter. Although the child likely spent time with his girlfriend, the Tribunal was satisfied that he continued to spend time in Ms Boyd's care and that she retained sole responsibility for his maintenance. Consequently, the Tribunal concluded there was no basis for revoking the previous determination of care. The Tribunal also noted that Ms Boyd lodged her objection outside the 28-day time limit, and while the Child Support Guide was considered, no special circumstances were found to justify an extension of time.