Del Rosario and Del Rosario (Child support)

This matter concerned an appeal by the father, Mr Del Rosario, against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had revoked existing percentage of care determinations and made new determinations, which the father sought to have set aside.

The primary legal issue before the court was whether there had been a change to the likely pattern of care of the child, which would justify the revocation of existing percentage of care determinations and the making of new ones. The court was required to consider the evidence presented by both parties regarding the actual care arrangements for the child and to determine if these arrangements constituted a significant and ongoing change from the previously established pattern.

The court reviewed the evidence and found that the Registrar had erred in revoking the existing percentage of care determinations. The court determined that the evidence did not demonstrate a sufficient change in the likely pattern of care to warrant such a revocation. The legal principle applied was that a change in the pattern of care must be significant and likely to be ongoing to justify altering existing percentage of care determinations.

Consequently, the court set aside the decision of the Child Support Registrar and substituted its own determination, reinstating the previous percentage of care arrangements.