Milsom and Child Support Registrar (Child support)

The Administrative Appeals Tribunal considered the dispute between Milsom and the Child Support Registrar concerning the percentage of care attributed to Milsom for his child. The core of the disagreement revolved around the timing of a change in the likely pattern of care and the subsequent notification to the Registrar.

The Tribunal was required to determine whether a change in the likely pattern of care had occurred and, if so, whether the notification of this change was made within a reasonable period of time. The central legal question was the date from which any revised percentage of care should apply, particularly in light of the notification period.

The Tribunal reasoned that while a change in the likely pattern of care had indeed occurred, the legislative framework stipulated that such a change, for the purpose of recalculating child support, would only take effect from the date the Registrar was notified. As notification was not provided within a reasonable timeframe following the change in care, the Tribunal affirmed the decision under review, meaning the existing care percentages remained in effect until the proper notification was made.