MBXD and Child Support Registrar (Child support second review)

This matter concerned a review of a care percentage determination by the Administrative Appeals Tribunal (AAT). The parties involved were MBXD and the Child Support Registrar. The core dispute revolved around conflicting evidence regarding the actual nights of care provided by each parent for their children, with court orders for care arrangements not having been consistently complied with until recently.

The Tribunal was required to determine whether special circumstances existed to justify an earlier date of effect for a new care percentage determination, given that the initial review application to the AAT was lodged out of time. Specifically, the Tribunal had to consider if MBXD’s stated reasons for the delay in seeking review constituted "special circumstances" under the relevant legislation, which would permit the new determination to take effect from a date prior to the application for review.

The Tribunal considered MBXD's explanation that she did not receive the decision letter, was alerted to a debt by Centrelink, and faced difficulties responding to communication due to her employment as a teacher and other work commitments, in addition to providing majority care for the children. However, the Tribunal found that these circumstances were not out of the ordinary for separated parents and did not constitute "special circumstances" preventing her from lodging her application within the statutory time limit. The Tribunal concluded, on the balance of probabilities, that MBXD had received the notification of the determination and her review rights, and would have noticed changes to child support payments.

Consequently, the Tribunal set aside the decision under review and revoked the Third Care Percentage Determination dated 21 October 2018. In substitution, the Tribunal made a new care percentage determination, establishing MBXD's care percentage at 71 percent and CGHW's at 29 percent from 30 January 2017 to 5 February 2020, to take effect from 17 April 2019. A further determination was made for the period from 6 February 2020 onwards, with MBXD having a 66 percent care percentage and CGHW a 34 percent care percentage.