Mancusco and Johnson (Child support)

This matter concerned an appeal by Mr Mancusco against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would justify a variation in the registered percentages of care.

The primary legal issue before the court was to determine whether the Registrar had erred in varying the existing percentages of care. Specifically, the court had to consider whether the evidence supported a finding that there had been a change in the likely pattern of care for the child, and if so, whether that change warranted the alteration made by the Registrar.

The court reviewed the evidence presented regarding the child's living arrangements and the practical realities of the care provided by each parent. It applied the principles governing variations to child support assessments, particularly those relating to changes in the pattern of care. The court found that the Registrar's decision was not supported by the evidence and that the existing percentages of care should have been maintained.

Consequently, the court set aside the decision of the Child Support Registrar and substituted an order that the original percentages of care remain in effect.