Timberlake and Timberlake (Child support)

This case concerned a dispute over child support percentages of care between Ms Timberlake and Mr Timberlake, parents of two children. Ms Timberlake sought a review by the Administrative Appeals Tribunal (AAT) of a decision by the Child Support Registrar that disallowed her objection to an earlier decision which maintained the registered care percentages at 71% for Mr Timberlake and 29% for Ms Timberlake. The core of the dispute revolved around whether a change in the children's pattern of care, which Ms Timberlake asserted occurred from 16 February 2019, was sufficient to warrant a revocation of existing care determinations and the making of new ones.

The AAT was required to determine whether the existing percentages of care should be revoked and, if so, from what date. It also needed to decide whether new percentages of care should be attributed to each parent and, consequently, from what date any amended administrative assessment should take effect. A further critical issue was whether there were special circumstances that would permit the AAT to extend the time for Ms Timberlake to lodge her application for review, given it was lodged significantly outside the prescribed 28-day period following the Registrar's objection decision.

The Tribunal found that the pattern of care for the children had indeed altered from 16 February 2019, with the likely care arrangement being 58% for Mr Timberlake and 42% for Ms Timberlake. This change was sufficient to warrant the revocation of the existing care determinations and the making of new ones, as it would alter the cost percentages for both parents. The Tribunal determined that the revocation of the existing determinations should take effect from 15 February 2019, the day before the notified change in care. However, despite finding that special circumstances existed due to Ms Timberlake's medical conditions, housing instability, and confusion regarding agency processes, the Tribunal ultimately refused to exercise its discretion to extend the time for lodging the AAT application beyond the 28-day limit. This refusal was based on the prejudice to Mr Timberlake, particularly concerning the potential for arrears given the private collection arrangement and the estimated financial impact of the revised care percentages. Consequently, the Tribunal ordered that its decision to substitute new care percentages would take effect from the date Ms Timberlake lodged her application with the AAT, which was 16 September 2020.