Alarie and Blackert (Child support)
Case
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[2020] AATA 1387
•14 April 2020
Details
AGLC
Case
Decision Date
Alarie and Blackert (Child support) [2020] AATA 1387
[2020] AATA 1387
14 April 2020
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the child support percentage of care arrangements between Alarie and Blackert. The dispute arose following a significant change in the child's living arrangements, where the child was no longer residing with either parent. This situation led to the revocation of existing percentage of care determinations and the making of new ones.
The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the child, necessitating a review and potential alteration of the established child support percentages. The Tribunal was required to determine the appropriate percentage of care to be applied in light of the child's new living circumstances.
The Tribunal reasoned that the fundamental change in the child's residence constituted a material alteration to the pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal found that the existing determinations were no longer reflective of the reality of the child's care. Consequently, the Tribunal set aside the previous decision and substituted it with new determinations reflecting the changed circumstances.
The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the child, necessitating a review and potential alteration of the established child support percentages. The Tribunal was required to determine the appropriate percentage of care to be applied in light of the child's new living circumstances.
The Tribunal reasoned that the fundamental change in the child's residence constituted a material alteration to the pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal found that the existing determinations were no longer reflective of the reality of the child's care. Consequently, the Tribunal set aside the previous decision and substituted it with new determinations reflecting the changed circumstances.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Statutory Construction
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Remedies
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