Duck and Duck (Child support)

The case of *Duck and Duck* concerned a dispute over the percentage of care arrangements for a child. The applicant, referred to as Duck, sought to have the existing percentage of care determinations revoked and new determinations made. The respondent, also referred to as Duck, opposed this application. The matter was heard by Member C Breheny.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, which would justify revoking the existing percentage of care determinations and making new ones. This required the court to assess the evidence presented by both parties regarding the actual care arrangements and the anticipated future care arrangements for the child.

Member Breheny considered the evidence and determined that the existing percentage of care determinations were no longer accurate due to a change in the likely pattern of care. The court applied the principles governing the assessment of care percentages under the relevant child support legislation, focusing on the factual circumstances of the child's living arrangements. The court found that the criteria for revoking existing determinations and making new ones had been met. The decision under review, which had revoked the existing determinations and made new ones, was affirmed.