Adult Child Maintenance

There is a common misconception amongst many separated parents that once a child turns eighteen years of age, there is no possibility of receiving further financial support from the other parent.

In most circumstances, parental liability with respect to financial contributions made towards the maintenance of a child lasts until the child turns eighteen, but in certain circumstances when the Court deems it necessary an order will be made to continue making financial contributions after the child’s eighteenth birthday.

The Family Law Act

Provisions do exist in the Family Law Act, which allow one parent to seek an order from the Family Court of Australia or the Federal Circuit Court of Australia to ensure the other parent contributes to the financial maintenance of the child, even if the child is over eighteen years of age.

For such an order to be made, it must be shown to the Court that the maintenance is necessary. The notion of necessity is classified on the basis that the maintenance is required for the child to complete their education or if the child has a disability. An application to the Court seeking adult child maintenance does not need to be made when the child turns eighteen but can in fact be made well before their eighteenth birthday or later on in adulthood.

Determining Factors

The Court is guided by a number of factors in determining whether to make an order to such effect. At first instance the Court will consider there is a need for the adult child to receive financial support from both parents. The Court will then go on to consider whether both parents are required to meet the adult child’s needs equitably. Having considered these factors, the Court will go on to consider the amount of financial support required by the adult child as well as the financial position of both parents.

Parental Relationships

The lack of relationship and contact between parents and their child does not absolve a parent of responsibility to pay adult child maintenance, even in circumstances where the lack of relationship is at the instigation of one parent. With respect to relationships, it is interesting to note than an order for adult child-maintenance can be even made against step parents.

Education

In determining the amount of financial support required for an adult child for educational purposes, the Court will consider the age of the adult child, the education of the adult child as well as the manner which parents expect their child to be educated. Education, in a broad sense will includes apprenticeships, TAFE, university and vocational courses. The Court will go on to consider what is ‘necessary’ when making an order to allow the adult child to complete their education, such considerations may include food and accommodation expenses.

The question often arises as to what is meant or covered by the term ‘necessary’. Generally speaking, it will not be sufficient to show that it is morally or socially desirable but rather the term must be given its ordinary meaning. This means that the Court will not be regarded as absolutely necessary but rather that the maintenance that is needed for the adult child is reasonable in the circumstances to require the parent to make financial contributions. Along with these considerations, the Court will also look towards the adult child’s income, capacity to earn an income, financial recourses they may have along with any property and assets in their name as well as evidence of the educational course that is to be undertaken and the ability of the child to successfully complete the course.

Applications for adult child maintenance for children with a disability are often made by the primary caring parent of the adult child. There has been in the past some reluctance by the Court in making adult child maintenance orders due to the longevity of making such an order. However, more recent decisions have confirmed that there is no limitation as to age with respect to applications seeking adult child maintenance and that any limitations should not be implied.

Get Advice

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.