Kidd and Kidd (Child support)

The case of *Kidd and Kidd* concerned a dispute over the percentage of care arrangements for a child, brought before the court for review. The applicant sought to alter the existing percentage of care determination, arguing that there had been a change to the likely pattern of care. The respondent contested this assertion, maintaining that the established care arrangements remained the operative and likely pattern.

The central legal issue before the court was whether the existing percentage of care determinations should have been revoked based on an alleged change in the likely pattern of care. The court was required to assess the evidence presented by both parties to determine if the threshold for revoking the existing determinations had been met, or if the existing arrangements continued to reflect the likely pattern of care for the child.

Justice Longo M found that there had been no material change to the likely pattern of care for the child. The court applied the principles governing the review of child support assessments, emphasizing that a revocation of existing percentage of care determinations is only warranted where there is a demonstrable and significant alteration to the established care arrangements. In the absence of such evidence, the court determined that the existing percentage of care determinations should not have been revoked. Consequently, the decision under review was set aside and substituted with a finding that the existing percentage of care remained in effect.