Gose and Boothe (Child support)

This matter concerned an appeal by Gose against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had made a determination that the percentage of care provided by Gose had changed, revoking existing percentage of care determinations and making new ones. Gose sought to have this decision reviewed.

The primary legal issue before the court was whether the Registrar had erred in determining that there had been a change to the likely pattern of care for the child. This involved considering the evidence presented regarding the actual care arrangements and whether these constituted a "change" as contemplated by the relevant legislation.

The court reviewed the evidence and found that the Registrar's decision was not supported by sufficient evidence to establish a change in the likely pattern of care. The court applied the principles that a change in the percentage of care requires a demonstrable shift in the established routine and that the onus is on the party seeking to alter the existing assessment to prove such a change.

The court set aside the decision of the Child Support Registrar and substituted its own determination, finding that the existing percentage of care arrangements should be maintained.