Nelson and Bonham (Child support)

This matter concerned an appeal by Nelson against a decision of the Child Support Registrar concerning the percentage of care for the parties' child. The Registrar had revoked existing percentage of care determinations and made new determinations, which Nelson sought to have set aside.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, which would justify the revocation of existing determinations and the making of new ones. The court was required to consider the evidence presented regarding the actual care arrangements and the likelihood of those arrangements continuing.

The court reviewed the evidence and determined that the Registrar had erred in revoking the existing percentage of care determinations. The court found that the evidence did not establish a sufficient change in the likely pattern of care to warrant such a revocation. Consequently, the court set aside the Registrar's decision and substituted its own determination regarding the percentage of care.