Vaandrager and Vaandrager (Child support)

Case

[2024] AATA 2523

11 June 2024


Details
AGLC Case Decision Date
Vaandrager and Vaandrager (Child support) [2024] AATA 2523 [2024] AATA 2523 11 June 2024

CaseChat Overview and Summary

This matter concerned an application by Mr Vaandrager for a child support assessment, which was accepted by Child Support on 15 November 2023. The dispute revolved around the percentage of care each parent provided for their two children, [Child 1] and [Child 2], from the commencement of the relevant care period on 24 October 2023. Senior Member R Ellis of the Tribunal was required to determine the probable level of care provided by each parent during this period.

The legal issue before the Tribunal was to determine the percentage of care each parent provided for the children from 24 October 2023, based on the evidence presented. This determination was crucial for establishing the child support assessment. The Tribunal needed to assess the likely pattern of care, considering the initial agreement between the parents and any subsequent variations or actual care provided.

The Tribunal considered evidence including colour-coded calendars of care provided by both parents. While an initial agreement stipulated Mrs Vaandrager having care for two nights per week (Sunday and Monday), both parents acknowledged flexibility, particularly during school holidays. The evidence indicated that Mrs Vaandrager had care for a total of 27 nights and Mr Vaandrager for 42 nights in the 69 days from 24 October 2023. Applying these figures, the Tribunal found that Mrs Vaandrager provided 39 per cent of the care and Mr Vaandrager provided 61 per cent of the care for the children from 24 October 2023. The Tribunal noted that either parent could notify Child Support of any subsequent changes to the pattern of care.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Remedies

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