Kuhn and Olthoff (Child support)

The case of Kuhn and Olthoff concerned a dispute regarding the percentage of care for a child. The applicants sought to have existing percentage of care determinations revoked and new determinations made, alleging that court orders regarding care had not been complied with. The matter came before the court for review of a decision made by the Child Support Registrar.

The primary legal issue before the court was whether there had been a change to the likely pattern of care for the child, necessitating a revocation of existing percentage of care determinations and the making of new ones. The court also considered whether reasonable action had been taken by the parties in response to any non-compliance with court orders, and the application of an interim period in relation to the care arrangements.

The court found that the existing percentage of care determinations were no longer accurate due to a change in the likely pattern of care. It determined that reasonable action had been taken by the parties. Consequently, the court set aside the decision under review and substituted it with its own determinations regarding the percentage of care.