Custer and Willard (Child support)
Case
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[2022] AATA 353
•24 January 2022
Details
AGLC
Case
Decision Date
Custer and Willard (Child support) [2022] AATA 353
[2022] AATA 353
24 January 2022
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered the dispute between Custer and Willard concerning the percentage of care for their child. The applicant, Custer, sought a review of a decision made by the Child Support Registrar regarding the child support assessment.
The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the child. Specifically, the Tribunal had to determine if the circumstances warranted an alteration to the existing percentage of care arrangements that formed the basis of the child support assessment.
The Tribunal affirmed the decision under review, finding that there was no change to the likely pattern of care. The reasoning applied by the Tribunal focused on assessing the evidence presented to determine if the established care arrangements had been altered in a way that would justify a recalculation of the child support liability. The Tribunal concluded that the evidence did not support a finding of a change in the likely pattern of care.
The primary legal issue before the Tribunal was whether there had been a change to the likely pattern of care of the child. Specifically, the Tribunal had to determine if the circumstances warranted an alteration to the existing percentage of care arrangements that formed the basis of the child support assessment.
The Tribunal affirmed the decision under review, finding that there was no change to the likely pattern of care. The reasoning applied by the Tribunal focused on assessing the evidence presented to determine if the established care arrangements had been altered in a way that would justify a recalculation of the child support liability. The Tribunal concluded that the evidence did not support a finding of a change in the likely pattern of care.
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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Procedural Fairness
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