Section 66L Family Law Act discusses information about child maintenance orders for children over 18. Couples who have children have the obligation to continue financially supporting them with child support payments. Furthermore, child support usually stops when a child turns 18.
However, not all children have the capacity to support themselves even after turning 18. This is where parents can use a child maintenance order. Section 66L of the Family Law Act 1975 gives the Court power to make child maintenance orders. One or both parents are ordered to financially support a child over 18 for the following reasons:
- Firstly, to enable the child to complete tertiary education, vocational training, or apprenticeships.
- Secondly, to enable the child to continue their studies, training, and apprenticeships if they have mental or physical disabilities.
It’s not necessary for the person to be related to the adult child in order to pay child maintenance. This is if the child support legislation does not cover the child. Parents, children, grandparents, or any other person involved with the adult child can apply for child maintenance orders. This blog will discuss more on Section 66L Family Law Act.
Section 66L Family Law Act: Applying For Child Maintenance Orders
Parents will need to agree when they are applying for child maintenance orders. If both parents agree to the order, they can apply for consent orders in court. However, a disagreeing party will need to prepare documents that support their claims for the disagreement. Then, both parties will need to disclose financial information to the court like their:
- Income;
- Savings;
- Assets
- Liabilities; and
- Any financial resources
Parties must also disclose if they have any interests in companies and trusts. Moreover, parties seeking to support a child with their studies must present evidence of their course and their progress.
Determining The Amount Of Child Maintenance
Courts will need to consider the child’s necessary expenses and the parents’ earning capacity to determine child maintenance amounts. Some of these necessary expenses will include food, accommodation, house utilities, transportation, tuition fees, and medical expenses. Courts will also look into the possibility of the child abandoning their studies due to the lack of financial resources.
Hence, courts will consider the hardships that adult children may experience during their studies. They will also assess the child’s capacity to continue or succeed in their studies. Importantly, courts will only require payments from the parents that will reflect their financial capability. Parents can pay through lump-sum payments or instalments.
FAMILY LAW ACT 1975 – SECT 66L
Children who are 18 or over
FAMILY LAW ACT 1975 – SECT 66L
Children who are 18 or over
(1) A court must not make a child maintenance order in relation to a child who is 18 or over unless the court is satisfied that the provision of the maintenance is necessary:
(a) to enable the child to complete his or her education; or
(b) because of a mental or physical disability of the child.
The court may make such a child maintenance order, in relation to a child who is 17, to take effect when or after the child turns 18.
(2) A court must not make a child maintenance order in relation to a child that extends beyond the day on which the child will turn 18 unless the court is satisfied that the provision of the maintenance beyond that day is necessary:
(a) to enable the child to complete his or her education; or
(b) because of a mental or physical disability of the child.
(3) A child maintenance order in relation to a child stops being in force when the child turns 18 unless the order is expressed to continue in force after then.
A Related Case Study
In the recent case of Nolan and Nolan (2019), both parents applied for child maintenance orders for their adult child. A psychologist diagnosed the adult child with PTSD symptoms and will undergo a one or two-year treatment. Moreover, it was seen that the adult child’s mental health has declined over the past six months.
As a result, this prevented the adult child from engaging in social situations and having frequent panic attacks. Fortunately, the mother and father came to an agreement to support the adult child’s school and medical needs. The adult child was then awarded the following comprehensive weekly expenses:
- Rent – $185
- Comprehensive car insurance – $35
- Premium health insurance – $35
- Comprehensive car insurance – $35
- Motor vehicle registration – $20
- Food – $150
- Household supplies – $10
- Telephone – $20
- Petrol – $76
- Car maintenance – $50
- Parking Fees – $30
- Clothing – $20
- Mental health treatment – $221
- Entertainment and hobbies – $60
- Holidays – $15
- Education expenses – $130
- Pharmaceutical expenses – $30
- Books and magazines – $10
- Gifts – $10
- Hairdressing and toiletries – $30
- Tolls – $62
- Internet – $10
The court awarded the adult child to receive a total of $1,230 per week in order to meet normal living conditions. Also, the adult child at the time of the case was not currently employed. However, the child is receiving $223 per week from the father for financial support back in 2019.
It’s important to seek legal advice from a solicitor when opting for child maintenance, especially for children struggling mentally. Our family lawyers at JB Solicitors can help you gauge the specific amount you will spend for your adult child. Should matters arise, we have mediation services for parents who want to come to an agreement on child maintenance arrangements.
Contact a family lawyer today.
