Adult child maintenance refers to financial support provided for a child over the age of 18 in specific circumstances.
In Australia, this form of support is typically granted when an adult child cannot fully support themselves due to educational needs or a disability.
Unlike child support, which generally ends when the child turns 18, adult child maintenance can continue if justified by the child’s ongoing dependency.
Who Can Apply for Adult Child Maintenance?
Applications for adult child maintenance can be made by either the parent or by the child themselves if they are over 18.
The court will assess whether the adult child requires financial support due to reasons such as:
- Continuing full-time education, such as tertiary studies
- A physical or mental disability that limits the child’s ability to work or be financially independent
The court will consider the financial circumstances of both parents and the specific needs of the adult child.
Key Takeaway: Adult child maintenance can be sought by either the parent or the child and is typically based on educational needs or disabilities that prevent the child from becoming financially independent.
Also read: Child Support Objection Process
How Long Does Adult Child Maintenance Last?
There is no fixed duration for adult child maintenance. The length of time will depend on the circumstances under which it was granted.
For example, if the maintenance is related to education, payments may continue until the child completes their studies.
In cases of a disability, maintenance may be ongoing indefinitely, depending on the child’s condition and needs.
Key Takeaway: The duration of adult child maintenance depends on the child’s specific needs, and payments continue as long as those needs persist.
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What Factors Are Considered in Adult Child Maintenance?
The court will take various factors into account when determining the amount and duration of adult child maintenance, including:
- The income and financial resources of both parents
- The reasonable needs and expenses of the adult child
- The child’s ability to contribute to their own financial support (e.g., part-time work)
- The cost of education, medical expenses, and any other special needs related to disability or dependency
Parents are not expected to provide unreasonable amounts, but maintenance should cover the fundamental costs needed for the child’s care and development.
Key Takeaway: Courts consider both parents’ financial circumstances and the adult child’s specific needs when determining the amount and duration of maintenance.
How to Apply for Adult Child Maintenance
A formal application must be made to the Federal Circuit and Family Court of Australia to apply for adult child maintenance.
The application should include detailed information about the child’s financial needs, educational expenses, or costs associated with a disability.
Both parents’ financial details must also be submitted for the court to consider.
It is advisable to seek legal advice before applying to ensure that all necessary information is included and your case is presented clearly.
Key Takeaway: Applying for adult child maintenance requires a formal application to the court, and it is beneficial to seek legal advice to ensure the best possible outcome.
What Happens if an Agreement Cannot Be Reached?
If parents cannot agree on adult child maintenance through negotiation or mediation, the court will decide based on the evidence provided by both parties.
The court’s decision will be legally binding, and parents must comply with the terms set out in the order.
In some cases, agreements can be reached outside of court, saving time and reducing the emotional stress associated with litigation.
Key Takeaway: If parents cannot reach an agreement, the court will make a binding decision based on the child’s needs and the financial situations of both parents.
Adult child maintenance is an important legal mechanism designed to support children who continue to depend on their parents financially after turning 18 due to educational needs or disabilities.
The court considers various factors in determining whether maintenance is required and how long it should continue.
Understanding the process and seeking appropriate legal guidance can help ensure that an adult child receives the support they need.
