Marich and Witsel (Child support)

This matter concerned an appeal by Marich (the applicant) against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The applicant sought to revoke existing percentage of care determinations and have new determinations made, arguing that there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the applicant had demonstrated a change to the likely pattern of care for the child, such that the existing percentage of care determinations should be revoked and new ones made. The Tribunal was required to assess the evidence presented by the applicant against the criteria for revoking or varying a percentage of care determination under the relevant legislation.

The Tribunal found that the applicant had not established a change to the likely pattern of care. The evidence presented did not demonstrate a significant or lasting alteration to the established routine of care for the child. Consequently, the Tribunal concluded that the threshold for revoking the existing determinations had not been met. The decision under review was therefore set aside and substituted with a new decision refusing to revoke the existing percentage of care determinations.