Stepney and Ziegler (Child support)

This matter concerned an appeal by Stepney against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. Stepney sought to have the percentage of care varied, and the dispute centred on the date from which any such variation should take effect.

The primary legal issue before the Tribunal was whether Stepney had established "special circumstances" that would permit the Registrar to backdate the assessment of the percentage of care beyond the usual statutory timeframe. Stepney contended that the circumstances surrounding the care arrangements warranted a retrospective adjustment.

Member C Breheny considered the provisions of the *Child Support (Registration and Collection) Act 1988* and relevant case law concerning the definition and application of "special circumstances" in the context of child support assessments. The Tribunal found that Stepney had not satisfied the onus of demonstrating that the circumstances were sufficiently exceptional to justify departing from the standard rules regarding the date of effect for changes in care percentages. Consequently, the decision under review, which did not allow for a retrospective adjustment, was affirmed.