Can children still receive child support after 18 years old? Definitely! It is a fact that minors are entitled to receive child support from their parents or whoever is their legal guardian. This is a legal obligation that parents and legal guardians must follow in accordance with the Department of Human Services. However, some children who turn 18 still need financial help.
The Department of Human Services (DHS) urges parents the obligation to financially support their children until they reach the age of 18. However, parents may extend their financial obligation to support their child when they turn 18. Child support after 18 years old is called adult child maintenance.
But Why Do Adult Children Still Need Child Support?
At the age of 18, children can already look for a job to take care of themselves financially. While this is good news for parents supporting their children for 18 years, this is not always the case. Section 66L of the Family Law Act 1975 states that courts can order one or both parents to financially support children over 18.
Courts will only make adult child maintenance orders in two instances:
- Adult children need to finish their education. These children might still need financial help to fund their tertiary education, vocational training, or even apprenticeships. Such children may have failed or didn’t have any opportunities to look for part-time jobs to fund themselves.
- On a more serious note, children can receive child support after they’re 18 years old if they have mental or physical disabilities and are not able to fend for themselves. Any adult child with such mental or physical illnesses obviously won’t have means to support themselves.
The court is responsible for providing orders about adult child maintenance for children unable to support themselves due to education or disabilities.
Child Support After 18 Years Old: Who Makes the Assessments?
Now, for example, you have an adult child who needs adult child maintenance. The question is, who can make the assessments? Services Australia determines the amount of child support a parent will pay to the other parent. In assessing the amount, they refer to the “assessment formula” that uses information about your circumstances.
These circumstances will determine how much amount of child support a parent should pay. This is what it looks like:
- If your percentage of care of a child is less than your share of the combined income, pay child support; or
- If your percentage of care of a child is more than your share of the combined income, receive child support.
Factor 1: Percentage of Care
First, your percentage of care may affect the assessment stage of computing child support or child support for children over 18 years. The government will check how many nights a year a parent has care for the child. Here, you and the other parent may agree as to how much care you each provide to the child.
But don’t worry. If you can’t agree with your partner, Services Australia will work things out for you. With this, they may ask for evidence or documentation that will serve as a basis for their assessment:
- A diary or calendar showing when you care for the children
- A court order or parenting plan, with evidence that you’re doing what it says
- Documents that show the children are in day care, school or other regular activities
- Records of visits to health care or other services
- Airline bookings or passports showing travel dates
- Statements made by other people.
The percentage of care comes in 5 levels:
- Below regular care
- Regular care
- Shared care
- Primary care
- More than primary care.
Factor 2: Effect of Your Income
The second factor in determining child support for children over 18 years is your income. Services Australia will refer to your income to make an assessment. They will take a look at each parent’s financial position or income to know their share of the children’s costs. Moreover, the information about your income will come from the Australian Taxation Office (ATO).
That’s why it’s important for a paying parent /paying parents to promptly and correctly lodge their tax return for Services Australia to determine the right child support payment. If you did not file your tax return, they will create a provisional income for you.
Also, if there are changes to your income, you must inform the government immediately. Informing them will help them change your child support assessment.
To know more about the computation, check out this Basic Child Support Formula by Services Australia. You can also ask a family lawyer to explain to you the computation.
I Want To Extend My Child Support Obligations
As mentioned, child support ends at 18, but you may continue your child support payments if your child is in secondary school. If you decide to extend your child support obligations, then you must apply to extend child support to the end of the school year and take note of the following:
- Apply while your child is 17 years old.
- Your child must continue attending secondary school as a full-time student after they turn 18.
- Wait for the letter reminder from Services Australia.
- If you apply after your child turns 18, the government may only accept your application under special circumstances:
- Your circumstances are exceptional (e.g. serious illness or physical or mental disability);
- Your situation is outside your control; or
- There were factors that have prevented you from applying before your child turned 18.
Child Support After 18 Years Old: A Related Case Study
Now a question that might pop up in someone’s mind is “What if the other parent refuses to pay adult child maintenance?”. The following case will answer this question.
In the case of Dorsett & Godard (2017), the husband (Mr Godard) refuses to pay adult child maintenance to the mother (Ms Dorsett). In his defence, Godard claimed that he doesn’t have the capacity to provide financial support for their adult child (Ms D).
This is because he claimed that he is covering their other (second) child’s school fees. He also made a claim that this child was failing at school so both parents decided that they each pay half of his school fees. However, the courts did not find a proper basis for this claim and arrangement.
The husband is a professional that maintains an office in Town A and another one in Sydney. On the other hand, the wife works as a professional consultant in Town A as well. Meanwhile, Ms D was working two afternoons per week and was earning $20 per hour. She also stated that:
- Renting a small bedroom in a shared home would cost her approximately $300;
- Food would cost her $150 per week;
- She needs to travel from university and pay her own electric bills; and
- She needs to pay her school fees, clothing, and socialising which will total $150 per week.
Godard, however, opposed these expenses since there was no credible evidence to back up these claims. Furthermore, Godard also stated that Ms D has an alleged “attitude of entitlement” in order to support his opposition. While he also stated that Ms D’s expenses shouldn’t exceed $450, he gave no breakdown of this proposed number.
Case Results and Takeaways
The court did accept Godard’s argument of having Ms D rent private accommodation since it’s a cheaper option. However, this does not save Godard from paying child support for their child who is over 18.
Thus, the court ordered that Godard will pay $450 per week as adult child maintenance payments to Dorsett. Godard’s claims of Ms D having an “attitude of entitlement” already displayed a negative parent-child relationship. Moreover, he also made claims that did not include exact numbers for their other child’s school fees.
This is a perfect example of why it’s important to state the exact costs of adult child maintenance before making claims. The courts also understood that Ms D really needed financial support in order to finish her tertiary studies.
It’s good to know that there is an existing law that enables children to receive child maintenance after they’re 18 years old. This makes adolescents think that they are financially supported, even if they can’t support themselves financially or if they have mental or physical disabilities.
However, not all parents may afford to pay adult child maintenance. So, what’s a better solution than to seek advice from a family lawyer?
Let Us Help Your Adult Child Today
Adult child maintenance can happen out of nowhere and parents shouldn’t dismiss this possibility. Yes, no one wants their child to suddenly fail at funding themselves. No parent wants to see their child suffer alone. As the saying goes, prevention is better than cure.
Family lawyers can assist in finding the best mode of payment for parties who can’t afford to pay adult child maintenance. They can also help parties have reassessments in case Services Australia made miscalculations about adult child maintenance payments.
Moreover, parents might have disagreements about providing adult child maintenance for their child. such disagreements can attract court procedures like the case study highlighted above. Don’t tackle all these situations alone!
We at JB Solicitors have over 30 years of experience in family law, and has helped clients achieve the best results in their cases. Our mediation services prove that not only it is cheaper to settle child support matters, but also helps parties reach out-of-court agreements.
Contact us today for matters related to child support after 18 years old.
