Alcom and Alcom (Child support)

Case

[2021] AATA 3850

5 August 2021


Details
AGLC Case Decision Date
Alcom and Alcom (Child support) [2021] AATA 3850 [2021] AATA 3850 5 August 2021

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Alcom and Alcom (Child Support) concerning the percentage of care arrangements for a child. The applicant, Alcom, sought to have existing percentage of care determinations revoked and new determinations made, arguing that there had been a change to the likely pattern of care.

The primary legal issue before the Tribunal was whether the circumstances warranted a revocation of the existing percentage of care determinations and the making of new ones. This required the Tribunal to assess whether there had been a change to the likely pattern of care for the child and, if so, to determine the appropriate new percentage of care.

The Tribunal affirmed the decision under review, finding that the evidence supported a change in the likely pattern of care. It applied the principles governing the assessment of percentage of care, considering the length of the care period and the overall circumstances. The Tribunal concluded that the existing determinations were no longer reflective of the actual care arrangements and that new determinations were necessary.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Statutory Construction

  • Judicial Review

  • Jurisdiction

  • Procedural Fairness

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