Allens and Kelly (Child support)

The case of *Allens and Kelly* concerned a dispute over the percentage of care for a child, which directly impacts child support assessments. The matter came before the court for review of existing care percentage determinations.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, necessitating the revocation of existing care percentage determinations and the making of new ones. The court was required to assess the evidence presented to determine if the statutory threshold for a change in care had been met.

In its reasoning, the court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes to care arrangements. The court considered the evidence of the actual and likely future care arrangements for the child. Having found that a significant change to the likely pattern of care had occurred, the court determined that the existing care percentage determinations were no longer accurate and should be revoked. The court then proceeded to make new care percentage determinations based on the evidence before it. The decision under review was varied accordingly.