Marson and Marson (Child support)

The matter of *Marson and Marson* concerned a dispute over the percentage of care for a child, brought before the court for review. The applicant sought to alter the existing care arrangements, which would consequently impact child support obligations.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child. This involved determining the appropriate method for assessing care, specifically whether it was more appropriate to consider the hours of care provided rather than solely focusing on the number of nights the child spent with each parent. The court also had to consider the implications of any new care determinations on the existing child support assessment.

The court reasoned that in certain circumstances, particularly where care arrangements are not strictly overnight, it is more appropriate to consider the total hours of care provided by each parent to accurately reflect the percentage of care. Applying this principle, the court found that the existing care determinations were not reflective of the actual pattern of care. Consequently, the court set aside the previous decision and substituted it with new care determinations. The court also addressed the question of the date of effect for these new determinations and found no special circumstances to permit an objection out of time.