Can I Apply for Adult Child Maintenance?

You may have heard about Child Support, but did you know you can apply for adult child maintenance in Australia? Many young adults still rely on their parents for support when they finish school and turning 18 does not always mean your child is financially independent. This is where adult child maintenance comes in. However, the timing and circumstances under which an application for adult child maintenance can be made in New South Wales is important.

Who May Apply

An application for adult child maintenance may be made by:

• A parent of the child,
• The child themselves (if over 18),
• Any other person concerned with the care, welfare, or development of the child.

When Can an Application Be Made?

An application can be made before the child turns 18 and can be filed when the child is 17, but the order will only take effect from the child’s 18th birthday.

An application can also be made at any time after the child turns 18, provided the grounds for maintenance exist.

Grounds for Adult Child Maintenance

The court may make an order for maintenance if it is necessary:

• to enable the child to complete their education, or
• because of the child’s mental or physical disability.

Limitations

There are, however, certain limitations with adult child maintenance.

Firstly, maintenance is not available if the adult child is married or living in a de facto relationship.

Secondly, there is no statutory limitation period for bringing an application for adult child maintenance, but delay may affect the court’s discretion and the practicalities of enforcement.

Finally, if the child is in full-time secondary education and a child support assessment is in place, an application to extend the assessment must be made to Services Australia before the child turns 18.

Procedural Requirements

Parties must generally comply with pre-action procedures, including genuine steps to resolve the dispute, unless an exemption applies.

If the dispute cannot be resolved, then a party can file an Initiating Application (Family Law) in the Federal Circuit and Family Court of Australia, supported by a Financial Statement and, where required, an affidavit and a Genuine Steps Certificate.

The court will only make an order if it is satisfied that maintenance is necessary and reasonable, considering the child’s needs and the financial circumstances of the parties.

Maintenance orders are not generally made for a second or subsequent tertiary qualification and the order may be time-limited or subject to conditions e.g., continued enrolment or academic progress.

Evidence Required to Prove Necessity of Adult Child Maintenance

If the matter does proceed to Court, it is important to be aware of what specific evidence must be adduced to satisfy the Federal Circuit and Family Court of Australia that an order for adult child maintenance is “necessary”.

Firstly, you must provide evidence of the child’s circumstances, for example:

(a) Details regarding education

• Enrolment evidence: Proof of current enrolment in secondary or tertiary education (e.g., enrolment confirmation, student ID, academic transcripts).
• Course details: Evidence of the course being undertaken, duration, and expected completion date.
• Study commitments: Timetable or evidence of contact hours, study load, and any requirements that limit the child’s ability to work.

(b) Details of any disability or illness

• Medical evidence: Medical reports, specialist letters, or assessments confirming the nature, extent, and impact of the disability or illness.
• Functional impact: Evidence of how the disability or illness affects the child’s ability to support themselves (e.g., occupational therapist reports, Centrelink Disability Support Pension documentation).

Secondly, you must provide evidence of the child’s Financial Position, for example:

• Income: Payslips, bank statements, Centrelink statements (e.g., Youth Allowance, Austudy), evidence of any scholarships or stipends.
• Assets: Bank account balances, details of any property or investments.
• Capacity to earn: Evidence of job applications, employment history, or medical evidence explaining inability to work.

You should also provide evidence of necessary expenses, such as:

• Living expenses: Receipts or statements for rent/board, utilities, food, transport, and other regular outgoings.
• Education expenses: Invoices or receipts for tuition fees but not including HECS/HELP, textbooks, equipment, internet, and other study-related costs.
• Medical expenses: Invoices or receipts for ongoing medical, dental, optical, or pharmaceutical costs not covered by Medicare/private health insurance.
• Other reasonable expenses: Clothing, phone, and other essential costs. Entertainment and social expenses are generally excluded.

The Court will also want evidence of parental financial circumstances, such as:

• Income: Tax returns, pay slips, bank statements for the last three years.
• Assets and liabilities: Evidence of property ownership, mortgage statements, superannuation, investments, and debts.
• Other dependents: Evidence of financial obligations to other children or dependents.

Lastly, evidence should be provided of attempts at self-support, for example:

• Job search: Records of job applications that the child has made, correspondence with potential employers.
• Part-time work: Evidence of any part-time or casual employment, or reasons why such work is not possible, for example study load or medical restrictions.

If you have a child that is 18 or older and you would like assistance in applying for adult child maintenance, please speak with one of our Family Law Team at Solari & Stock. Contact our Sutherland Shire Solicitors on 8525 2700, click here to request an appointment, or simply click on the Book Now button below. Our experienced Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, and Nikita Ward.

Article by Shweta Kumar
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