Fasching and Fasching (Child support)

Case

[2022] AATA 3086

10 June 2022


Details
AGLC Case Decision Date
Fasching and Fasching (Child support) [2022] AATA 3086 [2022] AATA 3086 10 June 2022

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between the parties, referred to as Fasching and Fasching, concerning the percentage of care arrangements for their child. The core of the disagreement revolved around whether there had been a change to the likely pattern of care, which would necessitate a review and potential revocation of existing percentage of care determinations.

The Tribunal was required to determine whether the evidence presented demonstrated a material change in the child's living arrangements that justified altering the established percentage of care. This involved assessing the factual circumstances of the child's care and applying the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) to ascertain if the existing determinations remained appropriate or if new ones should be made.

The Tribunal affirmed the decision under review, finding that the evidence supported a conclusion that the likely pattern of care had indeed changed. This finding led to the revocation of the existing percentage of care determinations and the making of new determinations that reflected the altered care arrangements.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

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