Marler and Marler (Child support)

Case

[2024] AATA 778

14 February 2024


Details
AGLC Case Decision Date
Marler and Marler (Child support) [2024] AATA 778 [2024] AATA 778 14 February 2024

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the matter of *Marler and Marler (Child Support)*. The dispute concerned the percentage of care arrangements for the parties' child, with the applicant seeking a variation of existing child support assessments. The core of the disagreement lay in whether there had been a material change to the pattern of care that warranted new percentage of care determinations.

The Tribunal was required to determine whether the applicant had established a change in the pattern of care sufficient to justify a new assessment of the percentage of care. A further issue was the date from which any revised percentage of care determination should take effect, particularly in light of the provisions governing the commencement of new assessments under the *Child Support (Registration and Collection) Act 1988*.

In reaching its decision, the Tribunal applied the principles established in child support legislation and case law regarding changes to care arrangements. It considered evidence presented by both parties regarding the actual time the child spent with each parent. The Tribunal found that a sufficient change in the pattern of care had occurred. Consequently, the Tribunal varied the previous decisions, making new percentage of care determinations that reflected the established change in the child's living arrangements.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Judicial Review

  • Procedural Fairness

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