By Molli Clements.
While child support is typically associated with minor children, the Family Law Act 1975 (“the Act”) also provides for maintenance of children over the age of 18 under specific circumstances.
Adult Child Maintenance refers to financial support paid by a parent for a child who has turned 18. The Act recognises that some children may still require support even after reaching adulthood.
Criteria for Adult Child Maintenance
Under Section 66L of the Act, the court may order maintenance for a child over the age of 18 years if it is necessary to:
- Enable the child to complete their education; or
- Because of a physical or mental disability of the child.
To be eligible for Adult Child Maintenance, the applicant must demonstrate that the maintenance is necessary. The court will consider various factors, including:
- Education: The child must be engaged in full-time education, such as university or vocational training. The court assesses whether this education is reasonable and necessary for the child’s future.
- Disability: Maintenance may be ordered if a child’s disability prevents financial independence.
- Financial Needs and Capacity: The court evaluates the child’s financial needs and the parents’ ability to provide support, including the child’s income, assets, and any government benefits.
How is Adult Child Maintenance Calculated?
Unlike regular child support, which is often determined by Services Australia using a formula, Adult Child Maintenance is calculated based on the specific needs of the child and the financial circumstances of the parents. The court has discretion in determining the amount and duration of the maintenance. Factors that may influence the calculation include:
- Ongoing education or training costs.
- Medical and healthcare needs if the child has a disability.
- The standard of living the child would have enjoyed had the parents remained together.
Applying for Adult Child Maintenance
An application for Adult Child Maintenance can be made by the child themselves, a parent, or another person concerned with the child’s welfare.
Conclusion
Adult Child Maintenance acknowledges that parental responsibilities do not always end when a child turns 18.
If you find yourself in a situation where you may think you are able to seek an order for adult child maintenance, it is crucial that you seek our tailored advice.
Please contact our office to speak to one of our experienced family law practitioners to discuss your matter and provide you with comprehensive advice with moving forward with your application.
