Adult Child Maintenance
What's the difference between adult child maintenance and child support? The terms are often used interchangeably in Australia, but they differ.
Child support vs adult child maintenance
Parents must support children under section 73 of the Family Law Act (Cth) 1975, calculated either through private agreements or a Child Support Agency assessment. Child support legislation only applies to children under 18 — after which it's called adult child maintenance.
What is adult child maintenance?
Orders cannot be made for child maintenance where child support legislation applies. Parents may seek adult child maintenance for children over 18 with financial needs due to tertiary education or a mental or physical disability. Courts weigh the child's age, special needs, income, earning capacity, property and financial resources, and the education or training expected by the parents.
Assessing the amount
There's no fixed formula — courts assess based on the individual child's needs, earning capacity, and the parents' ability to provide support. 'Education' is applied broadly, including university, TAFE and apprenticeships. Courts examine the course's income-earning potential, the child's qualification and ability to benefit financially, any scholarships or income assistance, hardship if the education is abandoned for lack of funds, and the parent's financial capacity. 'Proper needs' don't extend to course fees specifically, but to costs reasonably necessary to complete the education, such as accommodation and food.
The child's own income
Courts recognise that full-time university students can't fully self-support, though they may work alongside study. Income-tested benefits like Youth Allowance aren't counted toward the child's income.
Claiming and payment
Parents may reach an agreement, file consent orders, or seek a court order if there's disagreement — orders can be registered with the Department of Human Services for collection. Courts have broad discretion over lump sum versus instalment payments; a lump sum is most likely only where 'severe pressure' is involved.
When maintenance ends
Orders may cease on completion of education (pursuing further degrees may not extend them), after a specified period, when a disability or illness ends, or after a review period — as well as on the child's death, marriage or entry into a de facto relationship, non-residence in Australia, parental reconciliation, or the death of either parent.