Boulain and Brochant

Case

[2009] FamCA 802

28 July 2009


Details
AGLC Case Decision Date
Boulain and Brochant [2009] FamCA 802 [2009] FamCA 802 28 July 2009

CaseChat Overview and Summary

In the matter of *Boulain and Brochant*, Brown J considered an application for departure from administrative assessments of child support. The dispute concerned the provision of periodic and non-periodic child support for three children, L, A, and T, and arrangements for the children's residence during school holidays.

The court was required to determine whether to depart from the administrative assessment of child support and, if so, to what extent. This involved considering the specific circumstances of the parties and the children to establish appropriate orders for periodic and non-periodic financial support, as well as the division of time for the children during long summer vacations.

The court, by consent of the parties, ordered a departure from the administrative assessment pursuant to Section 116(1)(b) of the *Child Support (Assessment) Act 1989*. The father was ordered to pay periodic child support of $150 per week per child, totalling $450 per week, adjusted annually for inflation. Additionally, the father was ordered to contribute to various non-periodic expenses, including crèche and kindergarten fees, school tuition, books, uniforms, excursions, extra-curricular activities, and medical expenses, with the specific contributions varying between one half and full payment depending on the expense and child. The court also made orders regarding the children's residence with the father during half of the long summer vacation each year, with specific provisions for the initial years and for the youngest child, T, until she commenced primary school.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Consent

  • Remedies

  • Statutory Construction

  • Costs

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