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.
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
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Jurisdiction
-
Statutory Construction
-
Appeal
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0