Scruton and Tichenor (Child support)

This matter concerned an appeal by Scruton (the applicant) against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. Tichenor (the respondent) was the other party to the proceedings. The applicant sought to have the percentage of care varied, which would impact the child support assessment. The decision under review was made by the Child Support Registrar.

The primary legal issue before the court was whether the applicant's notification to the Registrar constituted a valid application for an administrative assessment of child support, specifically concerning the percentage of care. The court also had to determine whether the Registrar's decision, which effectively treated the notification as a care change notification rather than an application for administrative assessment, was correct.

The court found that the applicant's correspondence with the Registrar, when read in its entirety and in context, clearly indicated an intention to seek a reassessment of the child support payable based on a change in the percentage of care. The court reasoned that the Registrar had erred in failing to treat the notification as an application for administrative assessment. Consequently, the Registrar's decision was set aside. The matter was remitted back to the Registrar with directions to proceed with the application for administrative assessment.