Adult child maintenance

The Child Support Agency ceases to hold jurisdiction over child support when a child turns 18, or when a child completes their secondary education.

For this reason, many child support agreements only provide for child support until children of a relationship turn 18.

But it is possible to enter into a legally binding agreement to support and maintain adult children.

Who is eligible for adult child maintenance?

Section 66L of the Family Law Act 1975 (Cth) (“the Act”) provides that the Court can make a child maintenance order in relation to a child who is over 18 where the Court is satisfied that the provision of maintenance is necessary:

1.    To enable the child to complete their education; or

2.    Because of a mental or physical disability of the child.

The Court takes a number of factors into account when making its decision:

1.    The age of the child.

2.    The necessary expenses of the child –

a)    This includes a contribution to their living expense and items such as study books and equipment.

b)    For children with special needs, expenses associated with their disabilities are considered.

c)    HELP-HECS payments are not considered a necessary expense.

3.    The contribution the child is making to their own upkeep.

a)    There is an expectation that adult children will contribute to their own support by working part-time while possible.

b)    If the child has disabilities and is not able to work the applicant will need to provide medical evidence to establish this.

4.    The capacity of each parent to provide financial support. This includes a consideration of each parent’s income, expenses, financial resources and earning capacity.

With specific reference to tertiary education, the Court also considers:

1.    Whether the course being pursued by the child will assist the child to earn an income.

2.    Whether the child appears to be qualified to pursue and profit from the course.

3.    Whether the child had scholarship assistance or other income.

4.    What hardship would result to the child if they had to abandon the course through lack of means.

Please note, any child maintenance order made under section 66L stops being in force if that child ceases tertiary education or ceases to have their mental or physical disability.

How can you seek adult child maintenance?

Adult child maintenance can be sought by the child’s parents or carers, or the adult child themselves.

Where the parties agree on the terms, maintenance can be finalised by way of a Binding Financial Agreement, or Consent Orders, which are filed in the Court.

If the parties don’t agree, an application can be made to the Court seeking maintenance.

If you would like to learn more about your entitlements to adult child maintenance, or you like assistance with negotiating an agreement, please contact Littles Family Lawyers.