Kepler and Kepler (Child support)

The case of *Kepler and Kepler (Child Support)* concerned a dispute between the parties regarding the percentage of care for their child. The applicant sought to have the existing percentage of care determinations revoked and new determinations made, alleging a change to the likely pattern of care. The court was required to consider whether the existing determinations should be set aside and substituted with new ones.

The central 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. The court also had to consider the impact of non-compliance with court orders and whether reasonable action had been taken in light of such non-compliance, particularly in relation to the application of an interim period.

The court's reasoning involved an assessment of the evidence presented regarding the actual and likely future care arrangements for the child. It applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning changes in the pattern of care and the court's powers to revoke and substitute existing determinations. The court found that the existing determinations were no longer reflective of the likely pattern of care and that the circumstances warranted the making of new determinations. The court also considered the implications of the non-compliance with court orders and the appropriate application of the interim period provisions. The decision under review was set aside and substituted with new orders reflecting the court's findings.