Killough and Killough (Child support)

The matter of *Killough and Killough* concerned a dispute over child support payments, brought before the court for review. The central issue revolved around the percentage of care arrangements for the child and whether a significant change had occurred in the likely pattern of care. The existing percentage of care determinations were revoked, and new determinations were made by the court.

The court was required to determine whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones. Additionally, the court had to consider the date of effect for any tribunal decision, specifically whether there were special circumstances that prevented the timely lodgement of an application for review.

In its reasoning, the court found that the evidence did not establish the existence of special circumstances that would justify accepting a late application for review. Consequently, the tribunal decided not to make a determination under subsection 95N(2) of the relevant legislation. The court ultimately varied the decision under review, reflecting the changes made to the percentage of care arrangements.