Gilmour and Gilmour (Child support)

This matter concerned an appeal by the father, Mr Gilmour, against a decision of the Child Support Registrar regarding the percentage of care for the parties' child. The dispute centred on whether there had been a change to the likely pattern of care for the child, which would necessitate a reassessment of the child support payable. The appeal was heard by Member Y Webb of the relevant tribunal.

The primary legal issue before the tribunal was to determine whether the evidence presented established a change in the likely pattern of care for the child, such that the existing child support assessment should be varied. Specifically, the tribunal had to consider if the father’s assertion of an increased percentage of care was supported by the facts and if this constituted a 'change of circumstances' as contemplated by the relevant legislation.

Member Webb considered the evidence presented by both parties regarding the care arrangements for the child. The tribunal found that while there may have been minor fluctuations in the day-to-day care, there was no substantial or significant change to the overall likely pattern of care that would warrant a reassessment of the child support percentage. The existing assessment was therefore upheld, as the threshold for a change in the pattern of care had not been met. The decision under review was set aside and substituted with a finding that no change to the pattern of care had occurred.