The Child Support (Assessment Act) 1989 (Cth) provides that child support is required to be paid upon the child attaining the age of 18 years or upon the completion of secondary school whichever occurs later.

In some circumstances parents may have a legal obligation to provide financial support to their children beyond the age of 18 years in specific situations. Section 66L of the Family Law Act 1975 (Cth) states that the Court may make an adult child maintenance order to enable a child to complete his or her education or because of a mental or physical disability of the child.

An order for adult child maintenance can only be made in relation to a child who is 18 years or over or in relation to a child who is 17 to take effect when or after the child turns 18. The application may be made by either of the child’s parents, the child, a grandparent of the child or any other person concerned with the care, welfare and development of the child.

While there is no strict age limit that defines when parental support obligations cease, the court’s primary focus is on what is just and equitable in the circumstances.

When considering adult child maintenance, several factors come into play:

1. Disability or Illness: If the adult child has a disability or illness that affects their ability to support themselves, the court may recognise the need for ongoing financial support.
2. Education and Training: If the adult child is pursuing higher education or vocational training, the court may consider providing financial assistance until the completion of studies or until the child becomes self-supporting.
3. Capacity to Earn: The adult child’s ability to earn an income and become self-supporting is evaluated, including factors such as education, training, and employment opportunities.
4. Other Support Systems: The availability of other support systems, such as government benefits or insurance, is considered in determining the level of adult child maintenance.

Navigating adult child maintenance can be complex, and it is crucial to seek professional legal advice to understand your rights and obligations. A specialist family lawyer can provide guidance tailored to your specific circumstances and help you navigate the legal process effectively.