Tomkins and Tomkins (Child support)

Case

[2017] AATA 2867

29 November 2017


Details
AGLC Case Decision Date
Tomkins and Tomkins (Child support) [2017] AATA 2867 [2017] AATA 2867 29 November 2017

CaseChat Overview and Summary

The matter of *Tomkins and Tomkins* concerned a dispute over the percentage of care for a child, specifically addressing situations where a child is not living with a parent. The decision was made by M Kennedy M.

The primary legal issue before the court was whether there had been a change to the existing percentage of care for the child, necessitating a review or alteration of the current care arrangements.

M Kennedy M affirmed the existing decision regarding the percentage of care. The reasoning applied focused on the absence of evidence demonstrating a material change in the child's living arrangements or the care provided by each parent that would warrant a revision of the established care percentage. The court applied the principles governing child support assessments, which require a demonstrable shift in care responsibilities to justify a modification of the existing care order.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Appeal

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