Holcomb and Holcomb (Child support)

The Administrative Appeals Tribunal considered an application by the father, Mr Holcomb, concerning a child support percentage of care determination. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a review and potential alteration of the existing percentage of care. The Tribunal was tasked with determining the appropriate percentage of care for the child and the date from which any revised determination should take effect.

The primary legal issues before the Tribunal were: firstly, whether the evidence established a change in the likely pattern of care for the child sufficient to warrant revoking existing percentage of care determinations and making new ones; and secondly, whether there were special circumstances that prevented the father from lodging his objection within the prescribed time limit, thereby allowing for a late objection.

The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the likely pattern of care for the child. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing percentage of care determinations were no longer reflective of the actual care arrangements. Furthermore, the Tribunal determined that the father had indeed established special circumstances that prevented him from lodging his objection within the statutory timeframe, justifying the acceptance of the late objection.

Consequently, the Tribunal set aside the decisions under review and substituted new percentage of care determinations. The Tribunal also made orders regarding the date of effect for these new determinations, reflecting the finding of special circumstances.