Milton and Milton (Child support)

This matter concerned an appeal by Mr Milton regarding child support assessments for his child with Ms Milton. The dispute centred on the percentage of care each parent provided for the child, with the existing assessment reflecting 0 per cent care for Mr Milton and 100 per cent care for Ms Milton. The Tribunal was required to determine whether there had been a change to the likely pattern of care and, if so, to revoke existing percentage of care determinations and make new ones.

The Tribunal considered the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth), specifically sections 54F and 50. Section 54F mandates the revocation of existing percentage of care determinations and their replacement with new ones if the actual care pattern does not correspond with the existing determinations and a change would alter the cost percentage. The Tribunal found that the evidence established Mr Milton had provided 30 per cent care for the child from 1 October 2021, which differed from the existing assessment.

Applying section 54F, the Tribunal revoked the existing determinations. It then made new percentage of care determinations, finding Mr Milton provided 30 per cent care and Ms Milton provided 70 per cent care. The Tribunal noted that Mr Milton had notified the Child Support Agency of the change on 31 March 2022, which was more than 28 days after the change occurred on 1 October 2021. Consequently, under paragraph 54F(3)(b) of the Act, the new determinations were effective from 31 March 2022 for Mr Milton and from 1 October 2021 for Ms Milton.