Altman and Passey (Child support)

Case

[2022] AATA 4993

21 October 2022


Details
AGLC Case Decision Date
Altman and Passey (Child support) [2022] AATA 4993 [2022] AATA 4993 21 October 2022

CaseChat Overview and Summary

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

The Tribunal was required to determine whether the evidence established a change in the likely pattern of care for the child that would justify revoking the existing percentage of care determinations and making new ones. This involved assessing whether the proposed future care arrangements were sufficiently stable and likely to persist.

The Tribunal affirmed the decision under review, finding that the evidence did not demonstrate a sufficient change in the likely pattern of care to warrant revoking the existing determinations. The reasoning focused on the need for a substantial and ongoing shift in care arrangements, rather than temporary or uncertain changes, to justify altering the established child support percentages.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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