Aitkens and Aitkens (Child support)

This matter concerned an objection by Mr Aitkens to a decision by Child Support to vary his child support liability. Following an administrative assessment in August 2018, Mrs Aitkens applied for a departure determination, which resulted in Child Support varying Mr Aitkens’ annual liability to $17,650. Mr Aitkens objected to this decision.

The primary legal issue before the court was whether Mr Aitkens was a resident of Australia for the purposes of the Child Support (Registration and Collection) Act 1988. This determination was crucial for establishing the basis of his child support obligations, particularly in light of his stated intention to move overseas and his subsequent actions indicating a departure from Australia.

The court considered various pieces of evidence to determine Mr Aitkens' residency. This included his employment offers in overseas locations, his resignation from his Australian employment, his statements to Child Support regarding his intention to move to non-reciprocating jurisdictions, his leasing of properties overseas, and his application for overseas residency permits. The court also noted his statements to Child Support that he considered himself a resident of [Country 1] and his actions such as deregistering from the electoral roll, listing his property for sale, and informing the ATO of his non-resident status for tax purposes. The court affirmed the decision of Child Support, finding that Mr Aitkens was not a resident of Australia.