Child support arrangements can often be a contentious issue for separated parents, particularly as children reach adulthood. In Australia, the standard child support framework administered by Services Australia ceases when a child turns 18. However, there are limited circumstances under which financial support may still be required for an adult child.
In Australia, the payment of Child Support is not compulsory when children reach the age of 18. However, some adult children require child maintenance that allows them to have a financial support. This type of support is not automatic and can only be ordered by the Court in specific situations.
The Family Court may order one or both parents to provide financial support for an adult child if:
- The adult child is completing their education; or
- The adult child has a physical or mental disability that limits their ability to support themselves.
In making such orders, the Court will assess the adult child’s capacity to work and meet their own financial needs. In cases involving disability, the Court will evaluate the severity of the condition to determine the level of support required.
The Court makes an assessment whether the adult child is capable of work independently to pay its expenses. It is important to note that if an adult child has a mental or physical disability, the severity will be assessed in order to determinate the financial support required from the parents.
Once the Court assesses the need of financial support, the Order contains the reasons why the adult child needs the financial support, the amount and the obligation of one or both parents to make the contribution based on their financial capacity and the time.
Additionally, the child support formula is also based in how much parents spend on children as it varies in households with different income levels, number of dependants and ages.
If you are seeking to apply for adult child maintenance, it is essential to gather all necessary evidence and obtain legal advice. Our office is available to assist you with expert legal guidance throughout the process and ensure your rights and responsibilities are clearly understood and fairly addressed.
