Holder and Holder (Child support)

Case

[2022] AATA 2106

10 May 2022


Details
AGLC Case Decision Date
Holder and Holder (Child support) [2022] AATA 2106 [2022] AATA 2106 10 May 2022

CaseChat Overview and Summary

This matter concerned an application by the father, Mr Holder, to revoke existing child support percentage of care determinations and for new determinations to be made. The mother, Ms Holder, opposed the application. The dispute centred on whether there had been a change to the likely pattern of care for the subject child.

The primary legal issue before the Senior Member was whether the circumstances warranted the revocation of the existing percentage of care determinations and the making of new ones. This required the Senior Member to consider the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning changes to the pattern of care and the criteria for making new determinations.

The Senior Member found that there had been a significant and ongoing change to the likely pattern of care for the child. This change was such that the existing percentage of care determinations no longer accurately reflected the reality of the care arrangements. Applying the relevant legislative provisions, the Senior Member determined that the existing determinations should be revoked and new percentage of care determinations made. The Senior Member affirmed the decision to revoke the existing determinations and make new ones.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Procedural Fairness

  • Judicial Review

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