McCain and McCain (Child support)

The case of *McCain and McCain (Child Support)* concerned a dispute between two parents regarding the percentage of care they each provided for their child. The primary issue before the court was whether there had been a change to the likely pattern of care for the child, which would necessitate a review and potential alteration of existing child support arrangements. The decision under review involved the revocation of existing percentage of care determinations and the making of new ones.

The court was required to determine whether the evidence presented demonstrated a material change in the child's living arrangements that justified a departure from the previously established percentage of care. This involved assessing the factual circumstances of the child's residence with each parent and considering whether these circumstances were likely to persist into the future, thereby impacting the calculation of child support obligations.

In reaching its decision, the court applied the principles governing the assessment of the percentage of care under the *Child Support (Registration and Collection) Act 1988*. The court considered the evidence of the child's overnight stays with each parent and evaluated whether the observed pattern of care constituted a "change in the likely pattern of care" as contemplated by the legislation. The court found that the evidence supported a finding of a significant and likely ongoing shift in the child's residential arrangements. Consequently, the court set aside the previous determinations and substituted new ones reflecting the altered pattern of care.