Sheahan and Le Beau (Child support)

Sheahan and Le Beau concerned a dispute over child support payments, brought before the Child Support Special Powers Tribunal. The core of the disagreement lay in the percentage of care arrangements for the subject children, with the applicant seeking to revoke existing determinations and establish new ones reflecting a change in the likely pattern of care.

The Tribunal was required to determine whether there had been a change in the likely pattern of care for the children since the last assessment, and if so, whether to revoke the existing percentage of care determinations and make new ones. The central legal question was the application of the Child Support (Registration and Collection) Act 1988 concerning alterations to care arrangements and their impact on child support assessments.

Member J Thomson reasoned that the evidence presented demonstrated a significant and likely ongoing change in the pattern of care for the children. Applying the principles of the Act, the Tribunal found that the existing percentage of care determinations were no longer accurate due to this shift. Consequently, the Tribunal determined that it was appropriate to revoke the existing determinations and make new ones to reflect the current care arrangements. The decision under review was set aside and substituted with the Tribunal's new determinations.