Janssen and Toole (Child support)

The Administrative Appeals Tribunal considered the dispute between Janssen and Toole concerning child support payments. The primary issue revolved around the percentage of care attributed to the carer parent and whether there had been a change to the likely pattern of care. Additionally, the Tribunal addressed the date of effect for an objection decision, specifically whether special circumstances existed that prevented the objection from being lodged within the prescribed time.

The Tribunal was required to determine two key questions. Firstly, whether the existing percentage of care accurately reflected the likely pattern of care for the carer parent, and if not, whether any adjustment was warranted. Secondly, the Tribunal had to ascertain if there were any special circumstances that excused the late lodgement of an objection, thereby impacting the date from which that objection decision would take effect.

In relation to the percentage of care, the Tribunal found no evidence to support a change in the likely pattern of care. Consequently, the existing assessment was affirmed. However, regarding the late objection, the Tribunal concluded that no special circumstances were present that would justify the delay. Therefore, the decision under review, which had set a later date of effect for the objection, was set aside and substituted with a decision reflecting the correct, earlier date of effect.