Wallets remain open after your Child turns 18
Just because a child turns 18 does not necessarily mean that child support obligations come to an end.
A child 18 years or older wanting to pursue tertiary education or suffering a disability can be the object of an Order requiring one or both parents to pay Adult Child Maintenance to them. An application can be made by the child against their parents or by one parent against the other.
Once the Court is satisfied that the application is to assist the child in continuing their education or because of care needs it becomes a matter of numbers, the Court having to consider:
- The actual dollar value needed for support; and
- Each parent’s ability to pay.
These considerations truly boil down to a meticulous analysis of income and expenses to come to a dollar value for each person involved. The Court will not ignore the ability of the child to make a living themselves or use the financial resources available to them. The Court must ignore any entitlement to social security benefits. The Court comes to a dollar value of each party’s ability to pay and then makes orders for a payment regime in accordance with that determined ability to pay. This order is not enforceable once the child no longer suffers the disability or the child stops undertaking that education course.
Should you wish for us to assist you with any family law issues or queries in relation to adult child maintenance please contact our family law team, Trent Waller or Daniel Hallam on 07 3236 2900.
Posted on 24th January 2012
