Mitackis and Mitackis (Child support)

This matter concerned a departure application brought by the father, Mr Mitackis, against the mother, Ms Mitackis, regarding child support payments for their two children. The application was heard by Senior Member S De Bono.

The primary legal issues before the Tribunal were whether the existing child support assessment should be departed from, and if so, what the revised assessment should be. Specifically, the Tribunal considered the impact of the significant costs associated with one child’s private primary school education, the absence of a mutual intention for the children’s secondary schooling, and the father’s TPI and invalidity payments which had been affected by a Federal Court decision. The Tribunal also examined repayments from a business investment and inconsistent rent payments made by the father.

Senior Member De Bono reasoned that the costs of the private primary school education were a significant factor justifying a departure from the assessment. The Tribunal found that there was no mutual intention between the parties regarding the children’s secondary schooling, nor for the specific schooling of one child. The father’s financial circumstances, including the impact of the Federal Court decision on his TPI and invalidity payments, and the complexities surrounding his business investments and rent payments, were also taken into account.

The Tribunal set aside the original child support assessment and substituted it with a revised assessment.