Marshall and Marshall (Child support)

[2023] AATA 4290

Marshall and Marshall (Child support) [2023] AATA 4290 (14 November 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/HC026274

APPLICANT:  Ms Marshall

OTHER PARTIES:  Child Support Registrar

Mr Marshall

TRIBUNAL:Member M King

DECISION DATE:  14 November 2023

DECISION UNDER REVIEW:

A decision made by an objections officer on 8 June 2023 to disallow an objection to a decision made on 18 August 2022 to record the percentages of care for [Child 1] as 50% for Ms Marshall and 50% for Mr Marshall from 10 April 2022, effective in the assessment from 23 July 2022.

CATCHWORDS

CHILD SUPPORT – percentage of care – what was the likely pattern of care from the start of the administrative assessment – decision under review varied

CHILD SUPPORT – percentage of care – date of effect provisions – whether there were special circumstances that prevented the objection being lodged in time – no special circumstances exist tribunal decides not to make a determination under section 87AA

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

DECISION OF THE TRIBUNAL:

For the reasons given orally on 14 November 2023, the decision under review is varied so that the percentages of care for [Child 1] are recorded as 50% for Ms Marshall and 50% for Mr Marshall from 10 April 2022 to 30 September 2022 (effective in the assessment from 23 July 2022) and 79% for Ms Marshall and 21% for Mr Marshall from     1 October 2022.

This decision will have effect in the assessment from 17 February 2023, being the date Ms Marshall lodged her objection, as the Tribunal has decided not to make a decision under section 87AA of the Child Support (Registration and Collection) Act 1988 that the period for Ms Marshall lodging her objection was longer than the prescribed period.