Marek and Guerra (Child support)

Case

[2019] AATA 3838

17 June 2019


Details
AGLC Case Decision Date
Marek and Guerra (Child support) [2019] AATA 3838 [2019] AATA 3838 17 June 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the percentage of care arrangements for a child between the applicant, Marek, and the respondent, Guerra. The core of the disagreement revolved around whether there had been a change to the likely pattern of care that would warrant a revision of existing child support percentage of care determinations.

The Tribunal was tasked with determining whether the existing percentage of care determinations should be revoked and new determinations made. This required an assessment of the evidence presented regarding the actual and likely future care arrangements for the child.

The Tribunal's reasoning focused on the statutory criteria for varying percentage of care determinations. It applied the principles of the *Child Support (Registration and Collection) Act 1988*, considering the evidence of the parties' living arrangements and the practicalities of the child's routine. The Tribunal found that the evidence demonstrated a material change in the likely pattern of care, justifying the revocation of the existing determinations and the making of new ones.

Consequently, the Tribunal set aside the previous decisions and substituted them with new percentage of care determinations reflecting the altered care arrangements.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Remedies

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