Garadine and Garadine (Child support)

The matter of *Garadine and Garadine* concerned a dispute over child support payments, brought before Member J Nalpantidis of the Child Support Special Powers Tribunal. The central issue revolved around a change in the percentage of care arrangements for the parties' children, following the mother's alleged withholding of care and the father's subsequent actions to restore the agreed parenting plan. An interim care determination had been made, which continued to reflect the original parenting plan despite the actual care arrangements having changed.

The Tribunal was required to determine whether an interim care determination could be made after a child support assessment had already been issued. Furthermore, it needed to consider the validity of an objection lodged more than 28 days after the initial decision, particularly in circumstances where the objector was self-represented and allegedly unaware of the procedural requirements. The Tribunal also had to assess the impact of the mother's personal circumstances, including Family Court proceedings, health issues, a worker's compensation claim, and the full-time care of children with disabilities, on her ability to lodge a timely objection.

Member J Nalpantidis reasoned that an interim determination could not be made once a child support assessment had already been issued. The Tribunal found that the objection, though lodged out of time, was made within a reasonable period after the mother engaged legal representation and became aware of the requirements. The mother's personal circumstances were considered significant factors contributing to the delay. Consequently, the Tribunal set aside the decision under review and substituted it with a new decision.