Sherman and Mehaffy (Child support)

This matter concerned an application for the reinstatement of an application for review of a child support assessment. The original application for review had been dismissed by consent, with the court finding no error in the initial decision. The parties involved were Sherman and Mehaffy, with the matter heard by S Letch M.

The primary legal issue before the court was whether to reinstate the dismissed application for review. This required the court to consider the circumstances under which a consent dismissal could be set aside and whether there had been a material change in the likely pattern of care that would warrant a new assessment of the percentage of care.

The court reasoned that a consent dismissal, in the absence of fraud, misrepresentation, or a fundamental mistake, generally binds the parties. It found that the applicant had not demonstrated sufficient grounds to depart from the consent order. Furthermore, the court determined that the existing percentage of care determinations had been correctly revoked and new determinations made, and that these new determinations accurately reflected the likely pattern of care. Consequently, the court affirmed the decision under review.