Goadberry and Marabese (Child support)

This matter concerned an appeal by the father, Mr Goadberry, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on the date from which a change in the child's care arrangements should be recognised for child support purposes, with the mother asserting a later date and the father an earlier one. The appeal was heard by Member A Ryding.

The primary legal issue before the court was to determine the correct date of change for the child's care arrangements, which would in turn affect the calculation of child support payable. This required the court to assess the evidence presented by both parties regarding when the child's living arrangements stabilised to a degree that constituted a significant and ongoing change in care. The court also had to consider the implications of the father's late notification of the change in care to the Registrar.

Member A Ryding found that the mother's evidence, provided in Family Court proceedings, was more credible regarding the date the child's routine settled. The court noted that the father's claims against the mother could not be adequately tested. While acknowledging the difficulties the father faced due to divorce and criminal proceedings, as well as health and communication challenges, the court determined these did not constitute special circumstances justifying a departure from the usual rules regarding late notification. Consequently, the Registrar's decision was set aside and substituted with a new decision reflecting the court's findings on the date of change.