Child support after 18: when it continues and when the Court steps in

Child support usually ends at 18. However, it can sometimes continue until the conclusion of high school and, in limited cases, the Court can order ongoing support for an adult child.

Introduction

Generally, a child support assessment ends when a child turns 18. If the child is still in full-time secondary education, there may be scope to extend the assessment to the end of the school year, but the timing and paperwork matter.

This is where families are often caught out. Some assume support automatically continues while the child finishes Year 12. Others assume it will naturally roll into university. Neither assumption is necessarily correct.

Extending child support to finish high school

If a child turns 18 while still in full-time secondary study, Services Australia allows an extension of the assessment to the end of the school year. However, the application must be made before the child turns 18.

It is also critical to distinguish between a child support assessment and a child support agreement. If an agreement is drafted to end at 18, it cannot simply be extended because the child remains at school. In some situations the assessment can be extended, but an agreement may need to be replaced or renegotiated, depending on its terms.

If your child is in Year 11 or 12 and approaching 18, treat the weeks before the birthday as an administrative review period. Confirm the schooling status, confirm whether you are on an assessment or agreement, and do not leave the extension process until the last minute.

University, TAFE and life after high school

Once high school is finished, the child support system is usually no longer the mechanism that will fund further study. At that point, if a parent or child seeks ongoing financial support, families generally look to either:

• a private arrangement
• a court application for adult child maintenance.

The second option is not automatic and it is not routine.

Adult child maintenance: what the law requires

Adult child maintenance is dealt with by the two divisions of the Federal Circuit and Family Court of Australia. It is a court process, not an extension of the child support system. The power to make those orders comes from section 66L of the Family Law Act 1975 and it is deliberately narrow.

The Court can only order maintenance for a child aged 18 or over if it is necessary to support the completion of their education or due to a mental or physical disability.

Tertiary study and the child's ability to earn

There is no general rule that parents must fund tertiary education simply because a child enrols in a course. Even though education is expressly mentioned in the legislation, the Court still asks whether maintenance is necessary in the circumstances.

In practical terms, a child's capacity to support themselves will usually be central. If a young adult can obtain part-time work and reasonably meet their own living expenses while studying, a maintenance application will likely fail.

By contrast, orders are more likely to be made where the evidence shows that, without financial assistance, the child could not realistically complete their course. Examples might include:

• a demanding course structure that makes paid work impractical
• a requirement to live away from home for study, placements or training
• studying in a regional or remote location with limited job opportunities
• a disability or health condition that limits the child's capacity to work.

These factors do not guarantee an order, but they go directly to the question of necessity. The Court is not there to subsidise lifestyle choices. It is there to address genuine need that is supported by evidence.

What evidence usually matters?

Adult child maintenance cases are not decided on broad assertions. In cases where education is an issue, the Court typically looks closely at:

• the education plan, including enrolment, workload and expected completion date
• a realistic budget showing actual shortfall
• what the child can reasonably earn and what efforts have been made to obtain work
• each parent's financial capacity and competing responsibilities.

If the numbers show that, without assistance, the course would have to be abandoned, this will be highly determinative.

Applications where an adult child suffers from a profound disability are more straightforward. Evidence of the disability and its impact on the child will be required. However, in such cases it is usually clear that the child lacks the capacity to secure employment and that they have specific ongoing medical needs.

Where most families end up

Most adult children do not require maintenance after they turn 18. Many simply need to extend support to complete high school or reach a sensible private arrangement with their parents.

Adult child maintenance is available, but its application is very narrow. It is designed for situations where support is genuinely necessary to complete education or because of disability, and only where that necessity can be demonstrated with clear, practical evidence.

If you need assistance with adult child maintenance, please contact one of our experienced family lawyers.

© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.