Smiley and Wimsey (Child support)

This matter concerned objections by Ms Smiley and Mr Wimsey regarding child support assessments. The dispute centred on the percentage of care each party had for the child, and whether a change in the likely pattern of care had occurred. The decision was made by S De Bono SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine the correct percentage of care for the child, and whether the existing determinations should be revoked and new ones made. This involved assessing the timing of a change in the pattern of care and considering whether special circumstances excused any delay in lodging objections. The Tribunal also had to consider its jurisdiction to review certain decisions, particularly in relation to a change of care notification lodged by Ms Smiley.

The Tribunal affirmed the decision of the objections officer, finding that a change in the child's care pattern occurred on 1 October 2020. It accepted that special circumstances prevented Mr Wimsey from lodging his objection earlier. The Tribunal noted that Ms Smiley did not dispute the care change date or argue against the application of special circumstances. The Tribunal also addressed Ms Smiley's later notification of a change of care in November 2022, concluding that it lacked jurisdiction to review the decision not to accept this notification as no objection decision had been made by Child Support in relation to it. Ms Smiley was advised to lodge an objection with Child Support regarding this specific decision.