Rebert and Turville (Child support)
Case
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[2020] AATA 1475
•1 April 2020
Details
AGLC
Case
Decision Date
Rebert and Turville (Child support) [2020] AATA 1475
[2020] AATA 1475
1 April 2020
CaseChat Overview and Summary
This matter concerned an appeal by Ms Rebert and Mr Turville regarding a child support assessment for their children, [Child 1] and [Child 2]. The dispute centred on the correct percentage of care each parent provided for the children, which directly impacts the child support payable. The decision was made by a tribunal.
The legal issues before the tribunal were to determine the likely pattern of care for [Child 1] and [Child 2] from 3 October 2019, in accordance with sections 49 and 50 of the Assessment Act. This involved assessing the evidence presented by both parties to establish the factual basis for the care percentages.
The tribunal considered the evidence, including a letter from [Counsellor A], a trauma counsellor for [Child 1]. This letter indicated that [Child 2] stayed with Mr Turville every weekend and that he met many of her expenses. As this evidence corroborated Mr Turville's account, the tribunal accepted his evidence regarding the care of [Child 2]. Consequently, the tribunal found Mr Turville's care percentage for [Child 2] to be 42%, with Ms Rebert's being 58%. For [Child 1], the tribunal determined a care percentage of 0% for Ms Rebert and 100% for Mr Turville, based on the likely care pattern from the specified date.
The legal issues before the tribunal were to determine the likely pattern of care for [Child 1] and [Child 2] from 3 October 2019, in accordance with sections 49 and 50 of the Assessment Act. This involved assessing the evidence presented by both parties to establish the factual basis for the care percentages.
The tribunal considered the evidence, including a letter from [Counsellor A], a trauma counsellor for [Child 1]. This letter indicated that [Child 2] stayed with Mr Turville every weekend and that he met many of her expenses. As this evidence corroborated Mr Turville's account, the tribunal accepted his evidence regarding the care of [Child 2]. Consequently, the tribunal found Mr Turville's care percentage for [Child 2] to be 42%, with Ms Rebert's being 58%. For [Child 1], the tribunal determined a care percentage of 0% for Ms Rebert and 100% for Mr Turville, based on the likely care pattern from the specified date.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Appeal
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Judicial Review
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Statutory Construction
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