Has your child turned 18 years old but requires further financial support?

Under section 66L of the Family Law Act 1975, a parent, grandparent or any other person concerned with the care, welfare or development of the child may apply for maintenance for the child from a parent.

The grounds to seek adult children maintenance orders is as follows:

• To enable the young adult to complete their education (university or other studies); or
• Because of physical or mental disability.

The Family Court determines the amount to be paid by:

Considering the child’s:

• subsistence needs;
• other financial resources;
• earning capacity;
• child’s likelihood of success;
• child’s course of study;
• health prognosis

Considering both parent’s:

• earning capacity;
• reasonable expenses;
• support obligations towards other dependents;
• income forgone by having a child live with a parent.

How will the payments be made?

The Court made orders, whereby the parent and child are estranged, for the estranged parent to pay a lump sum amount to the child.  Other options for payment, is a periodic payment