Tucker and Kenyon (Child support)

This matter concerned an appeal by Tucker against a decision of the Child Support Registrar regarding the percentage of care for a child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would affect the assessment of child support. The decision under review was made by the Child Support Registrar.

The primary legal issue before the Member was to determine whether the Registrar's decision, which affirmed the existing percentage of care, was correct. This involved assessing whether the factual circumstances of the child's residence and the responsibilities of each parent constituted a change in the likely pattern of care as contemplated by the relevant legislation.

The Member found that while the child resided with her grandmother during the week, the mother continued to exercise overall responsibility for the child's care. This arrangement was not considered a change to the likely pattern of care that would warrant an alteration to the registered percentage. The Member affirmed the decision of the Child Support Registrar.