Tiffen and Kelley (Child support)

Case

[2023] AATA 1791

16 May 2023


Details
AGLC Case Decision Date
Tiffen and Kelley (Child support) [2023] AATA 1791 [2023] AATA 1791 16 May 2023

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the dispute between Tiffen and Kelley concerning the percentage of care for their child. The applicant, Tiffen, 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 the circumstances warranted a revocation of the existing percentage of care determinations and, if so, what the new percentage of care should be, having regard to the likely pattern of care for the child.

The Tribunal found that the evidence presented demonstrated a significant and ongoing change in the child's living arrangements, which constituted a change to the 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 decision and substituted new percentage of care determinations.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Statutory Construction

  • Remedies

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