Kenyon and Kenyon (Child support)

Case

[2019] AATA 1730

1 May 2019


Details
AGLC Case Decision Date
Kenyon and Kenyon (Child support) [2019] AATA 1730 [2019] AATA 1730 1 May 2019

CaseChat Overview and Summary

The matter of *Kenyon and Kenyon* concerned an appeal to the court regarding child support assessments. The primary dispute revolved around the percentage of care arrangements for the subject children, with the appellant seeking to challenge existing determinations and have new ones made. The decision was made by Magistrate M Martellotta.

The central legal issue before the court was whether there had been a change to the likely pattern of care for the children, which would necessitate the revocation of existing percentage of care determinations and the making of new ones. The court also considered the impact of non-compliance with previous court orders and the application of an interim period in the assessment process.

Magistrate Martellotta affirmed the decision under review, finding that the existing percentage of care determinations were no longer reflective of the likely pattern of care. The court applied the principles governing child support assessments, particularly those relating to changes in care arrangements and the court's power to revoke and make new determinations when such changes occur. The non-compliance with prior orders and the interim period were considered within this framework.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Judicial Review

  • Remedies

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