Smallman and Smallman (Child support)

The case of *Smallman and Smallman* concerned a dispute between the parties regarding child support payments. The applicant sought to vary an existing child support assessment, arguing that a new care arrangement had been implemented which was not being complied with by the respondent. The matter came before the court for review.

The central legal issue before the court was whether an interim determination of child support should apply, given the alleged non-compliance with a new care arrangement. This required the court to consider the circumstances under which an interim determination could be made and the evidence necessary to support such a determination.

The court affirmed the decision under review, indicating that the applicant had not satisfied the onus of proof required to establish that an interim determination was warranted. The court applied the principles governing child support assessments and the conditions for making interim determinations, finding that the evidence presented did not demonstrate a sufficient change in circumstances or non-compliance to justify altering the existing assessment on an interim basis.