Perkins and Perkins (Child support)

The Administrative Appeals Tribunal considered an application by the liable parent, Mr. Perkins, to have a fixed annual rate of child support not apply. The dispute concerned whether the fixed annual rate, calculated based on the child support legislation, should be set aside due to the liable parent's income not exceeding the allowable limit and the inequity of applying the fixed rate.

The Tribunal was required to determine whether it was just and equitable to depart from the fixed annual rate of child support. This involved assessing whether the liable parent's income was below the threshold for such a rate and, if so, whether the imposition of the fixed rate would be unjust and inequitable in the circumstances of the case.

The Tribunal found that the liable parent's income did not exceed the allowable limit for the fixed annual rate. Applying the principles of justice and equity, the Tribunal concluded that it would be unjust and inequitable for the liable parent to be required to pay the fixed annual rate of child support. Consequently, the Tribunal set aside the original decision and substituted it with an order accepting the application for the fixed annual rate not to apply.