Dyson and Marsden (Child support)

This matter concerned an appeal to the Child Support Registrar by the father, Dyson, against a decision of the Registrar to revoke existing percentage of care determinations and make new determinations. The mother, Marsden, was the respondent. The dispute centred on whether there had been a change to the likely pattern of care of the child, which would justify the revocation and redetermination of the percentages.

The primary legal issue before the Child Support Registrar was whether the evidence established a change in the likely pattern of care for the child that would warrant revoking the existing percentage of care determinations and making new ones. This involved assessing whether the factual circumstances had altered sufficiently to justify a departure from the previously established care arrangements.

The Registrar considered the evidence presented by both parties regarding the child's living arrangements and the practicalities of care. The Registrar applied the principles governing the assessment of percentage of care, which require a demonstrable change in the likely pattern of care. The Registrar found that the evidence supported a change in the likely pattern of care and therefore revoked the existing determinations and made new ones.

The Registrar's decision was to set aside the existing percentage of care determinations and substitute them with new determinations reflecting the changed pattern of care.