Johnsey and Wortham (Child support)

The case of Johnsey and Wortham concerned a dispute over the particulars of an administrative assessment of child support, specifically a change to the percentage of care and the date of effect. The matter came before Member J Thomson. The dispute arose from the father's alleged non-compliance with consent court orders regarding the children's care arrangements. The mother contended that while she had brief periods of care, there was no accurate record or consistent pattern of care that would justify a change to the assessment. Attempts at mediation had been unsuccessful, and the father was not considered to have taken reasonable action to resolve the matter.

The court was required to determine whether the percentage of care had changed and, if so, from what date. This involved assessing the factual circumstances of the children's care arrangements in light of the existing consent court orders and the parties' conduct. A key issue was whether the father's actions, or lack thereof, constituted reasonable action to resolve the care arrangements, particularly in the context of his alleged non-compliance with prior court orders. The availability of an interim care determination was also a relevant consideration.

Member J Thomson affirmed the decision under review. The reasoning focused on the lack of evidence demonstrating a consistent or significant change in the percentage of care that would warrant an alteration to the administrative assessment. The father's non-compliance with existing court orders and his failure to take reasonable steps to establish a clear and consistent care arrangement were significant factors. The court found that the mother's brief periods of care did not meet the threshold for a change in the assessment, and the absence of an interim care determination further supported the affirmation of the existing assessment.