Scholes and Gladys (Child support)

This matter concerned an appeal to the Child Support Appeals Tribunal regarding a decision made by the Registrar of the Child Support Agency. The appeal was brought by the father, Mr Scholes, against the mother, Ms Gladys, concerning the assessment of child support payable for their two children. The core of the dispute revolved around the percentage of care attributed to each parent.

The Tribunal was required to determine whether the Registrar’s decision to maintain the existing percentage of care, and consequently the existing child support assessment, was correct. Specifically, the Tribunal had to consider whether there had been a change in the likely pattern of care for the children since the last assessment, and if so, whether that change warranted a variation in the percentage of care.

The Tribunal found that the Registrar had erred in failing to properly consider the evidence presented regarding the actual and likely future care arrangements for the children. The evidence indicated a significant shift in the pattern of care, with the father now having the children for a greater proportion of time than previously assessed. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the need for assessments to reflect the actual and likely future care arrangements to ensure fairness and accuracy.

The Tribunal set aside the Registrar's decision and substituted an order reflecting the revised percentage of care, thereby varying the child support assessment.