Dudfield and Ascroft (Child support)

The case of *Dudfield and Ascroft* concerned a dispute over child support payments, specifically relating to the percentage of care provided by each parent. The decision under review, which had affirmed a previous assessment, was being challenged. The applicant sought to have the decision set aside and substituted, arguing that there had been a change to the likely pattern of care.

The primary legal issue before the court was whether the existing percentage of care assessment remained accurate, given the circumstances. This involved determining if a change in the likely pattern of care had occurred since the last assessment, and if so, what the appropriate date of effect for any revised assessment should be. The court also had to consider the implications of a terminating event, which had occurred and was relevant to the date of effect provisions.

The court reasoned that the evidence presented did not support a finding that there had been a change to the likely pattern of care. It was noted that neither parent had care of the child, which was a crucial factor in the assessment of care percentages. Consequently, the court affirmed the decision under review in relation to the percentage of care. However, the court found that the date of effect provisions had not been correctly applied, and that a terminating event had occurred.

Accordingly, the court set aside the decision under review and substituted its own decision, primarily to correct the date of effect for the child support assessment.