Nielsen and Guthrie (Child support)

This matter concerned an appeal to the Child Support Registrar by Nielsen (the applicant) against a decision of the Child Support Agency (the respondent) regarding 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 Registrar was whether the applicant had demonstrated a change to the likely pattern of care for the child. This involved considering whether the existing percentage of care determinations accurately reflected the actual care arrangements and whether any proposed changes were likely to be sustained.

The Registrar found that the evidence did not establish a change to the likely pattern of care. The applicant had not demonstrated that the existing arrangements were no longer reflective of the child's best interests or that a new pattern of care was likely to be maintained. Consequently, the Registrar refused to revoke the existing percentage of care determinations.

The decision under review was set aside and substituted. The Registrar determined that the existing percentage of care determinations should remain in effect.