Milburn and Milburn (Child support)

The matter before the Tribunal concerned an application by Mr Milburn to have the fixed annual rate of child support not apply. The dispute arose because Mr Milburn contended his current income was below a certain threshold, which would exempt him from the standard rate. The Tribunal was tasked with determining whether Mr Milburn's income was indeed below the specified limit.

The primary legal issue was whether Mr Milburn's current income was below $19,201, the threshold for exemption from the fixed annual rate of child support. This required the Tribunal to assess the credibility of Mr Milburn's evidence regarding his business income and expenses.

The Tribunal found Mr Milburn's evidence regarding his business's income and the proportion of stock sold to be not credible. It noted that the stated business takings were significantly lower than the cost of goods purchased, and the explanation offered for this discrepancy, involving complimentary items, was deemed implausible and contrary to common sense. The Tribunal inferred that the business was not reporting all its income. Consequently, the Tribunal was not satisfied that Mr Milburn's current income was below $19,201.

The Tribunal affirmed the decision to refuse Mr Milburn's request not to apply the fixed annual rate of child support, as he failed to meet the necessary criterion regarding his income.