Stacy and Stacy (Child support)

The Administrative Appeals Tribunal considered the matter of Stacy and Stacy (Child Support). The dispute concerned the percentage of care attributed to each parent for the purposes of child support assessment, and the date from which a revised assessment should take effect.

The Tribunal was required to determine two primary issues. Firstly, it needed to ascertain the likely pattern of care for the child from the commencement of the administrative assessment. Secondly, the Tribunal had to consider whether there were special circumstances that prevented the objection from being lodged within the prescribed time limit, and if so, whether to make a determination under subsection 87AA(2) of the relevant legislation.

In its reasoning, the Tribunal applied principles relating to the assessment of care percentages and the interpretation of provisions concerning the late lodgement of objections. The Tribunal found that there were no special circumstances that justified extending the time for lodging the objection. Consequently, the Tribunal decided not to make a determination under subsection 87AA(2). The Tribunal set aside the original decision under review and substituted its own decision regarding the percentage of care.