O’Hara and O’Hara (Child support)

[2022] AATA 733

O’Hara and O’Hara (Child support) [2022] AATA 733 (16 March 2022)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2021/MC022949

APPLICANT:  Mr O’Hara

OTHER PARTIES:  Child Support Registrar

Ms O’Hara

TRIBUNAL:Member F Hewson

DECISION DATE:  16 March 2022

CATCHWORDS

CHILD SUPPORT – dismissal of application for review – departure from the administrative assessment – whether determination should be backdated – cannot be backdated for more than 18 months - application for review dismissed

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.

DISMISSAL OF APPLICATION FOR REVIEW:

1. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

2. The reasons for this decision are set out in the following paragraphs.

3. Mr O’Hara is seeking review of a change of assessment decision, dated 5 December 2021, which varied his annual child support liability to the minimum annual rate for the period from 2 January 2020 to 22 June 2021. I was satisfied that this is the most favourable outcome possible in relation to Mr O’Hara’s change of assessment application lodged on 1 July 2021, as the minimum annual rate was backdated 18 months, and cannot be backdated further without an order from a court.

4. In the circumstances I decided it is appropriate to dismiss the application for review.