Pelegrin and Poliver (Child support)

This matter concerned an application for review of a child support decision. The parties, referred to as Pelegrin and Poliver, disputed the percentage of care attributed to each parent, which impacts child support assessments. The decision under review had varied an earlier assessment.

The court was required to determine two primary legal issues. Firstly, it needed to consider the pattern of care between the parties, specifically addressing fortnightly care arrangements and care during school holidays, to ascertain the correct percentage of care. Secondly, the court had to determine whether special circumstances existed that would permit an application for review of the date of effect to be made more than 28 days after the objection decision.

In relation to the percentage of care, the court considered the evidence presented regarding the actual care arrangements. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the calculation of care percentages, taking into account both regular and holiday periods. Regarding the date of effect, the court found that the applicant had not demonstrated the requisite special circumstances to justify the late application for review.

The court made orders varying the percentage of care. However, the court declined to make a determination regarding the date of effect of the child support assessment.