Do I need to pay Child Support for my adult children?

Navigating financial support for children can be a source of contention, especially for separated parents. This tension tends to escalate once a child reaches the age of 18, as the conventional Child Support framework no longer applies.

In Australia, Child Support is not a legal requirement for parents once their children reach the age of 18. However, some parents may still need to pursue adult child maintenance for children who are unable to support themselves financially.

The Court can only issue an order for adult child maintenance when the child requires financial support to complete their education or due to a physical or mental disability. In these circumstances, the Court must assess whether the adult child is capable of working independently, especially because mental and physical disabilities can vary in severity, and not all of them prevent a person from working.

Adult child maintenance orders must include the reason for providing financial support to the adult child, the specified amount, and the obligation of one or both parents to make the contribution based on their financial capacity.

Furthermore, adult child maintenance will continue as long as specified in the court order, typically until a specific event occurs or until the circumstances that led to the application change, such as the completion of the child's education.

If you are considering making an application for adult child maintenance, it is essential to gather all necessary evidence and obtain legal advice. Our office is available to assist you with expert legal guidance throughout the process.