Frampton and Lemer (Child support)

Case

[2023] AATA 277

18 January 2023


Details
AGLC Case Decision Date
Frampton and Lemer (Child support) [2023] AATA 277 [2023] AATA 277 18 January 2023

CaseChat Overview and Summary

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding child support assessments. The parties, referred to as Frampton and Lemer, disputed the percentage of care arrangements for their child. The primary issue was whether there had been a change to the likely pattern of care that warranted a revocation of existing percentage of care determinations and the making of new ones.

The court was required to determine whether the evidence presented established a material change in the child's living arrangements, sufficient to justify altering the established percentage of care. This involved an assessment of the factual circumstances and whether they met the threshold for varying the existing child support assessment based on a revised care arrangement.

In reaching its decision, the court considered the evidence regarding the child's routine and the practical realities of the care provided by each parent. The court applied the principles governing changes to percentage of care determinations under the *Child Support (Registration and Collection) Act 1988*, focusing on whether the new pattern of care was likely to continue. The court affirmed the decision of the initial decision-maker, finding that the evidence supported a change to the likely pattern of care. The existing percentage of care determinations were revoked, and new determinations were made.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0