Garcia and Garcia (Child support)

The case of *Garcia and Garcia* concerned a dispute over child support payments, specifically the percentage of care arrangements for the children. The applicant sought to have existing percentage of care determinations revoked and new determinations made, alleging a change in the likely pattern of care. The court was required to consider whether the applicant had taken reasonable action to comply with existing court orders and whether an interim period should be applied in light of non-compliance.

The central legal issues before the court were whether the applicant had demonstrated a change in the likely pattern of care sufficient to warrant revoking existing determinations, and whether the court should apply an interim period for child support assessments. The court also had to determine if any special circumstances existed that would justify refusing to apply the interim period, as provided for under the relevant legislation.

Member J Thomson found that the applicant had not taken reasonable action to comply with existing court orders, which precluded the application of an interim period in their favour. The court reasoned that the legislative framework for child support assessments prioritises compliance with court orders and that the applicant's failure to do so meant they could not benefit from the interim period provisions. No special circumstances were found to exist that would warrant departing from the standard application of the legislation. The decision under review, which affirmed the existing percentage of care determinations and refused to apply an interim period, was therefore affirmed.