Is there a child support Australia age limit? Do parents not have to pay child support after a child reaches a certain age? Generally, child support in Australia age limit is understood to be when the child turns 18 years. But, this is not always the case. Before we address these points in detail, let us understand the meaning and purpose of child support payments in brief.
Following a divorce or de facto separation, the non-custodial parent of the child may make child support payments to the primary carer of the child. They can make a suitable child support agreement. The primary carer then uses these child support payments to look after the child’s day-to-day needs.
This includes for essential needs like food, clothing, housing, education and healthcare. Therefore, child support payable is important as it ensures some level of financial stability in the child’s life, even though his/her parents are separated or divorced.
But what is child support Australia age limit? Generally, child support payments stop after the child turns 18 years old. Section 66T of the Family Law Act (1975) states that child support can end when the child becomes an adult. However, as with every rule, there are certain exceptions. In this article we will explore some key points in relation to child support in Australia age limit and when a parent may stop paying child support.
Child Support Australia Age Limit: After 18 Years Old
It is not necessary that a child may become financially independent as soon as he/she turns 18 i.e. becomes legally recognised as an ‘adult.’ Depending on individual situations, there can be many variables.
For instance, an 18-year-old may still be enrolled in school to complete his/her secondary or tertiary education. They may need additional financial assistance if they are still in school. In some cases, they may wish to pursue higher education after they have graduated from school and turned 18.
In this case also, they may be in need of financial support from their parents. Moreover, some adult children may find it hard to secure employment. There many also be certain reasons that prevent them from obtaining gainful employment. For example, an adult child may be suffering from some physical or mental disability that makes it difficult for them to work.
In all such instances, it is quite possible for them to still receive support from their parents. In these situations then there is no child support Australia age limit. They can make an application for adult child maintenance. The financial support payment that one parent makes to their adult child is called adult child maintenance.
In the Family Law Act (1975), some sections deal with child maintenance and child maintenance orders. Read more about these sections here. Mainly, Section 66L of the Act states that courts can make child maintenance orders for adult children if it thinks such a provision is necessary.
Who Can Apply for Adult Child Maintenance?
We have established that the child support in Australia age limit is 18 years of age. However, depending on the circumstance of a family, there is a chance that parents will need to make payments after this point as well. It depends on the child support assessment.
So, who can apply for child maintenance or adult child maintenance orders? Firstly, the child himself/herself can make an application for a child maintenance order at the court. Other people who can apply for such orders include:
- parent of the child (even adoptive parents)
- a grandparent of the child
- any other person concerned with the care, development and welfare of the child
Moreover, the court can order either both of the child’s parents or the child’s step parent to make necessary financial provisions for the child. These payments serve the same purpose as child support does to minor children. In other words, adult kids use maintenance payments for similar purposes such as food, clothing and housing.
In some cases, they may use it solely for their schooling or higher education. The kinds of arrangements and types of payment method can again differ from family to family. It is important for divorced parties to speak with lawyers who can help them sort these matters out.
Case Study Example
In the case of Nolan & Nolan (No.2) [2019] FCCA 941, the adult child Ms A is the applicant, who seeks an interim order from the court, for the respondent (her father is the paying parent) to pay adult child maintenance to her.
She needs the maintenance payments because she is pursuing her tertiary education. She claims that the travel from her home to University itself is quite expensive, and her total university course is a 4-year degree,
In response to this application, the Court upheld Section 66L of the FLA, and it is satisfied that the father should pay the applicant a sum of $360 per week in the form of adult child maintenance payments. Moreover, based on the Consumer Price Index in Sydney, the price may also change annually.
This case is a great example reflecting that the child support Australia age limit of 18 does not apply in each and every matter.
Seek Advice from Family Lawyers
Family law and divorce can include matters like property settlement, child support, spousal maintenance etc. These are all tricky to deal with without the help of experienced professionals. Before you know it, there is a huge list of tasks that you have to sort out. Whether you are the paying parent or the other parent, it is important to take advice.
At JB Solicitors, our team of lawyers are here to provide you with the guidance, advice and support that you need to finalise any of your legal matters. Our team can help draft a binding child support agreement by considering the parent’s financial position.
We also offer fixed-fee prices for our services. These fixed-fees give our clients a clear sense of the costs, and facilitate transparency. Moreover, we offer mediation and arbitration services for disputes in any legal matter. We have award-winning mediators and arbitrators in our team who can help parties reach settlements, and mutual binding child support agreements in case of any contentious matters.
Contact our team of leading lawyers today. If you want to read more about topics similar to child support in Australia age limit, check out our extensive blog page on family law here.
