Jolley and Keenum (Child support)

Case

[2023] AATA 4457

18 December 2023


Details
AGLC Case Decision Date
Jolley and Keenum (Child support) [2023] AATA 4457 [2023] AATA 4457 18 December 2023

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Jolley and Keenum concerning the percentage of care for their child. The applicant, Jolley, sought to have the existing percentage of care determinations revoked and new determinations made, arguing there had been a change to the likely pattern of care.

The Tribunal was required to determine whether there had been a material change in the likely pattern of care for the child since the last assessment, and if so, whether to revoke the existing percentage of care determinations and make new ones.

The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the child's living arrangements, indicating a new likely pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Tribunal concluded that the existing determinations were no longer reflective of the actual care arrangements. Consequently, the Tribunal set aside the previous decisions and substituted new percentage of care determinations.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Judicial Review

  • Remedies

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Cases Cited

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