Chadwick and Cummins (Child Support)

This matter concerned a review of a child support assessment, brought before Deputy J Walsh P. The dispute centred on the percentage of care each parent had for their two children, specifically whether the father, Mr Cummins, retained a care percentage of 14% or more as at March 2016, which would entitle him to a reduction in his child support liability. The mother, Mrs Chadwick, contended that Mr Cummins' care had diminished to a level below this threshold.

The primary legal issue before the court was to determine the appropriate percentage of care for Mr Cummins in late March 2016, considering both the actual care provided up to the date of Mrs Chadwick's notification of a change in care and the likely pattern of care thereafter. This determination was to be made in accordance with sections 49 and 50 of the Child Support (Assessment) Act 1989, which govern the making of new care decisions based on past and anticipated care arrangements.

Deputy J Walsh P found that the original Tribunal decision was affected by jurisdictional error due to Mr Cummins not being notified of the hearing. Consequently, a new hearing was conducted. The court applied the principle that care percentage decisions are made based on actual care up to the point of notification of a change and the likely pattern of care following that notification. The court noted that Mr Cummins' intention to make up for missed care periods was relevant to the assessment of likely future care, but the critical question was whether his care percentage met the 14% threshold at the relevant time.