Adult child maintenance

As a general rule, child support assessments cease to have effect when the child turns 18. The Family Court (of Australia and Family Court of Western Australia) and the Federal Circuit Court have jurisdiction to make orders for children over the age of 18 years:

• • to enable the child to complete his or her education (see Adult child maintenance — Education); or
• • because of a mental or physical disability of the child (see Adult child maintenance — Disability).

The court can make child maintenance orders that begin when the child is under 18 years but continue after the child reaches 18 years. Alternatively, the maintenance order can begin after the child has obtained 18 years: ss 66L(1), (2) of the Family Law Act 1975.

The making of such an order is not mandatory, but at the discretion of the judicial officer and guided by Pt VII Div 7 Subdiv D of the Family Law Act 1975. Only the court, and not the Child Support Agency, can make child maintenance orders for children over the age of 18 years.

The provisions of Pt VII Div 7 Subdiv D of the Family Law Act 1975 (applying for and making child maintenance orders) which govern child maintenance orders in respect of children under the age of 18 years, will still be relevant to an exercise of this power and forming an assessment as to what orders should be made: Smith v St James; Smith v Wickstein (1996) 21 Fam LR 118. Much of the case law suggests that a maintenance order will only be granted where it is “necessary”.

See Adult child maintenance.