Nevat and Tomlyn (Child support)

The case of Nevat and Tomlyn concerned a dispute over the percentage of care arrangements for a child. The applicants, Nevat and Tomlyn, sought to have existing percentage of care determinations reviewed and potentially altered. The matter came before the court for determination.

The central legal issue before the court was whether there had been a change to the likely pattern of care for the child that would warrant the revocation of existing percentage of care determinations and the making of new ones. The court was required to assess the evidence presented to determine if the established care arrangements had shifted to a degree that justified a formal change in the child support assessment.

In reaching its decision, the court considered the evidence regarding the actual and intended future care arrangements for the child. The court applied the principles governing the assessment of percentage of care under the relevant legislation, which requires a consideration of the likely pattern of care over the assessment period. Having reviewed the evidence, the court found that the existing percentage of care determinations should be revoked and new determinations made, affirming the decisions under review.