Custer and Willard (Child support)

Case

[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.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Procedural Fairness

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