Some parents may ask themselves “when does child support end?” and “do we need to financially support our kid after separation?”. According to Section 66T of the Family Law Act, Child support typically ends after kids turn 18.
However, Section 66L of the Family Law Act states that parents can support kids over 18 through adult child maintenance. Read more about adult child maintenance here. Child support is financial support for children under 18 whose parents have separated, while financial aid for kids over 18 is called adult child maintenance.
This applies to de facto or married couples and both have the duty to provide child support or maintenance to their kids. Read on to know more about when child support ends and how child support and maintenance works.
More Information About Child Support
In separation and divorce cases, following the divorce, one parent may not live with their kids. Hence, that parent may pay child support to pay for kids’ living expenses. It is a financial agreement between ex-couples. Biological parents, grandparents, or the legal guardian of kids can apply for child support or maintenance court orders.
For instance, Gregory is about to turn 18 and still needs monetary aid from his parents, Monica and Dave. This is because he wasn’t able to find a part-time job that can help in paying for his school expenses. He then asks them if they can support and pay child support for his tertiary education in the meantime. Monica and Dave then go to the Federal Circuit and Family Court of Australia in order to seek an adult child maintenance order.
What Is a Child Support Agreement?
This agreement enables ex-couples to reach a decision on the child support payable to the other parent. The paying parent will have to ensure that he is able to pay enough to the other parent while still looking out for his/her own expenses. A paying parent may also ask for help from Services Australia if they have monetary issues with child support.
Can Services Australia Conduct a Child Support Assessment?
People who wonder “when does child support and maintenance end?” should also know who calculates them. Services Australia is responsible for calculating child support payments by assessing the parent’s financial position in order to work out a combined payment. Some factors that may affect child support payments are:
- The parent’s ability to earn money
- The parent’s percentage of care
- The amount that each parent needs to provide financial aid for themselves
- The child’s necessary fees like education expenses, medical expenses, housing, food, and clothes
- Ongoing financial support for another child
Parents who receive payments may also apply to the Department of Human Services to extend monetary support until the end of the child’s school year. It’s also important to seek legal advice from family lawyers before extending monetary aid to adult children.
Section 66S: Modifying Child Maintenance Court Orders
Apart from the question “When does child support end?”, people might also ask “Is it possible to modify a child maintenance order?”. According to Section 66S of the Family Law Act, a person can modify a child maintenance order. This is if the first order is made and registered in the family court. Following the consent of all parties involved in the first order, they may:
- Discharge the first order
- Suspend the first order’s operation until further notice
- Vary the order due to financial changes or any other way
However, the courts may not draft a child maintenance order for children with income-tested pensions, allowance or benefits. This includes instances where the order may affect the duty of the parent who is caring for the child. Courts may still modify an order unless:
- The child’s circumstances have changed
- There are circumstances where the paying parent’s income will require to vary the order
- There are circumstances where the parent receiving the payment has also changed
- The cost of living has changed
- There are no adequate or proper child support payments
- Material evidence used to vary the order was false
Courts may only vary an order if 12 months have passed since the order was made or due to cost of living changes. The family court must also consider any payments, transfers or settlement of property, previously made to kids, or to any other person for the benefit of kids, by the person against whom the order was made.
Section 66SA: Varying the order
According to Section 66SA Family Law Act, a receiving parent or a person paying child support may also vary or revoke a child support agreement. To do this, parties must register an agreement in the family court in order to vary or revoke a child maintenance order. People wondering when child support ends can also vary an order.
Section 66U: What if Someone Involved in the Order Dies?
If either the child, the paying person, or the person receiving child maintenance order passes away, a child maintenance order stops taking effect. However, the order may still continue if the order specifies any person who will receive the payments after the death of the original receiver.
Section 66V: Adoption, Marriage, and de Facto Relationships
Let’s take Gregory as an example again. Gregory has constantly received monetary support through child maintenance from his parents. He then decided to enter into a de facto relationship after a year. This answers our question “when does child support end?” and the same goes for ending child maintenance. Child maintenance will stop if:
- The child gets adopted
- The child marries
- The child enters into a de facto relationship
- The child dies
A child’s health is something parents’ should discover before wondering when child support ends. According to Section 66VA, child maintenance court orders may also stop if the child recovers from a mental or physical disability, a serious illness, or stops school. The court may recover child support payments under these circumstances.
Section 66W: Recovery of Arrears
Arrears is money that is owed or payments that should have been made earlier. The Child Support Agency can directly deduct earnings or bank accounts that have arrears on child support payments. They can choose to imprison a person failing to pay arrears as a last resort. Courts may do the following when arrears are due.
- Discharge the order for just causes
- Vary the order to increase or decrease arrears for just causes
How Can JB Solicitors Help?
Separation and divorce are not easy to process, especially if emotions and stress run high. Apart from property settlements and financial agreements, disputed couples will have to deal with child maintenance. Couples will still have the responsibility to financially support their children, despite a sour relationship. That’s why it’s important to seek legal advice from JB Solicitors about child support payments.
Our family lawyers can help disputed couples decide on an amicable agreement regarding maintenance payments with our mediation services. JB Solicitors’ mediation services have helped disputed parties and family members in reaching a resolution that reflects the child’s best interests.
Contact a family lawyer today for more information about when child support ends or if you wish to know more about adult child maintenance payments.
