Malone and Malone (Child support)

The case of *Malone and Malone* concerned a dispute over child support assessments. The applicant, Malone, sought to vary a decision of the Child Support Registrar regarding the percentage of care for the subject child. The respondent, also Malone, contested this variation. The matter came before the court for review of the Registrar's decision.

The primary legal issue before the court was to determine the likely pattern of care for the child from the proposed start date of the assessment. This involved considering the existing care arrangements and any proposed changes to ascertain the factual basis for the percentage of care calculation. A secondary issue, which was affirmed by the court, related to the date of effect of the objection decision, specifically whether special circumstances existed that would have prevented the objecting party from lodging their objection within the prescribed time.

In relation to the percentage of care, the court considered the evidence presented by both parties regarding the actual and intended care arrangements for the child. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* to assess the factual circumstances and determine the most probable pattern of care. The court found that the Registrar's decision regarding the percentage of care was to be varied. Regarding the objection period, the court found no special circumstances that justified extending the time for objection, affirming the Registrar's decision on that point.