Willock and Godin (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Willock and Godin concerning child support payments. The core of the disagreement revolved around the percentage of care attributed to each party for their child and the date from which any changes to this care arrangement should be recognised for child support purposes. The applicant sought to have existing percentage of care determinations revoked and new ones made, effectively challenging the basis upon which child support was being calculated.

The Tribunal was required to determine whether there had been a change to the likely pattern of care for the child. Crucially, it also had to ascertain the correct date of notification for any such care change, as this would impact the retrospective application of revised child support assessments. Furthermore, the Tribunal had to consider whether there were any special circumstances that would permit the objection to be lodged outside the prescribed time limits.

Member J Longo found that there had not been a change to the likely pattern of care that would warrant a revocation of the existing determinations. Consequently, the Tribunal determined that the objection could not be lodged out of time, as no special circumstances were established that prevented the timely lodgement. The existing percentage of care determinations were therefore upheld.