Joelson and Audette (Child support)

This matter concerned an appeal by the father, Joelson, against a decision of the Child Support Registrar concerning the assessment of child support. The dispute centred on the percentage of care attributed to each parent, particularly in relation to an interim period where court orders regarding the children's living arrangements were not being complied with. Audette, the mother, was the respondent.

The primary legal issue before the Tribunal was whether the Registrar had erred in refusing to apply an interim period for the assessment of child support, and consequently, whether the father should have been recognised as having a higher percentage of care during that period. This involved considering the meaning of "special circumstances" under the *Child Support (Registration and Collection) Act 1988* (Cth) and whether the non-compliance with existing court orders constituted such circumstances.

Ms Hamilton-Noy, Member, affirmed the Registrar's decision. The Member found that while there was a period of non-compliance with court orders, this did not, in itself, constitute "special circumstances" that would justify departing from the usual assessment of care percentages. The Tribunal considered that the existing court orders, even if not fully adhered to during the period in question, remained the operative framework for determining care arrangements. The Member concluded that the Registrar had correctly applied the relevant legislative provisions and that no error had been made in refusing to apply an interim period.