Wickham and Wickham (Child support)

Case

[2019] AATA 1687

27 March 2019


Details
AGLC Case Decision Date
Wickham and Wickham (Child support) [2019] AATA 1687 [2019] AATA 1687 27 March 2019

CaseChat Overview and Summary

This matter concerned an appeal to the Child Support Registrar (the Registrar) regarding a decision made by the Child Support Agency (the Agency) concerning the percentage of care arrangements for the parties' child. The parties, identified as Wickham and Wickham, disputed the existing percentage of care determination.

The primary legal issues before the Registrar were whether there had been a change to the likely pattern of care for the child since the last determination, and if so, whether there was a sufficient basis to revoke the existing percentage of care determinations.

The Registrar considered the evidence presented by both parties regarding the child's living arrangements and the practicalities of care. The Registrar found that the evidence demonstrated a significant and likely ongoing change in the pattern of care. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Registrar determined that the existing percentage of care determinations were no longer accurate and should be revoked. The Registrar then substituted a new percentage of care determination based on the revised pattern of care.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

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