Smacton and Smacton (Child support)

This matter concerned an appeal by the father, Mr Smacton, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on when a change in the pattern of care should take effect for the purposes of child support assessments.

The primary legal issue before the Tribunal was whether the Registrar had erred in refusing to backdate a change in the percentage of care to a date prior to the application being made. Specifically, the Tribunal had to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1989* (Cth) concerning the retrospective application of changes to care arrangements.

Member K Hamilton affirmed the Registrar's decision, reasoning that the legislation did not permit the revocation of a pre-existing care determination. The Tribunal held that a change in the pattern of care could only be applied from the date of the application for a revised assessment, or from a later date if specified, but not retrospectively to a period before the application was lodged. The existing care determination remained in force until a new assessment was made based on the application. The decision under review was therefore affirmed.