The Family Law Act 1975 aims to ensure that parenting arrangements always prioritise the best interests of children. But what happens when your child turns 18? Many parents are unsure whether child support continues, when it stops, or if it can be extended.
Whether you’re going through a separation or navigating the complexities of a custody dispute, this guide explains everything you need to know about child support after your child reaches adulthood — including eligibility, applications, and how O’Sullivan Legal can help you through the process.
What is Child Support in Australia?
Services Australia states that child support are payments or payment arrangements between separated parents to help with the costs of raising children.
Sometimes it is paid by one or both parents to another (a non-parent carer such as a legal guardian) who is looking after their children. There are two agreed types of child support: a child support assessment and self-managed child support.
That said, you can receive payments once your child is 18, but it depends on your circumstances. In most cases, child support stops, but if your child is in secondary school, you can apply to extend it to the end of the school year.
You must apply when they turn 17, but if you’ve missed the mark, an application can still be accepted. Circumstances must be exceptional, outside of your control, and have prevented you from applying.
On the other hand, a child over 18 can be given financial support from a parent if the child:
- is completing secondary or tertiary education, such as at a TAFE, high school, university, or a course at a private college (apprenticeships may also be included).
- has a serious illness.
- has a physical or mental disability.
This payment is also known as child maintenance. If there is an agreement made to maintenance (or the child and paying parent agree), this can be put into writing, and the court will make this into an adult child maintenance court order. Otherwise, it is up to the court.
How do you apply for an order?
Either the parent or the child can request for an adult child maintenance order against the other parent:
- when the child is 17 (to start once they turn 18).
- or after the child has already turned 18.
It can strengthen an adult child’s case if they demonstrate efforts to contribute to their own support. For instance, by working part-time or seeking employment.
Receiving Centrelink payments such as Youth Allowance or Austudy does not prevent an adult child from applying for maintenance. However, the court will consider study commitments, illness or disability, skills and qualifications, and the availability of part-time work.
Do you need family lawyers who work with Melbourne, Sydney, Northern Beaches or Gold Coast cases? Learn more by reading: Custody of Children When Moving Interstate: What You Need To Know.
When you reach a child support agreement
This agreement is for parents to agree on the amount for child support payments; you can apply to extend this before they’re 18. Review the terms of your present agreement. What you need to do depends on:
- If you’ve had a child support assessment in place before you made a child support agreement.
- If the agree started your case and you haven’t had a child support assessment before.
What if the assessment was in place prior to an agreement?
If the child support agreement ends when they are 18, it cannot be extended. Only the assessment can be. You can:
- Extend the assessment to the end of the school year
- Negotiate a new agreement before your child turns 18 to continue the child support (as per the terms)
Only the parent who received child support can apply for an assessment extension. A paying parent cannot request an extension on their own, but the agreement can be extended if both the paying and receiving parents agree.
Read: What is an Undertaking in Family Law?
How do you calculate the amount of maintenance?
The amount paid depends on:
- The necessary expenses of the adult child
- Each parent’s financial position (how much they earn)
- The amount a parent needs to support themselves and any other person they have a duty to look after
If you and the other parent are unable to reach an agreement on care arrangements, the court will determine the amount to be paid.
What if you disagree on child maintenance? O’Sullivan Legal can assist both parties in reaching and documenting an agreement.
Speak to O’Sullivan Legal for Family Lawyer Aid in Sydney
When you require a family lawyer in Sydney for child support arrangements, O’Sullivan Legal have the expertise to support you.
Clients choose us for legal advice due to our expertise in representation, advocacy for alternative dispute resolutions, transparent communication, and compassionate support for your needs. You’ll always be heard, supported and respected. We also have two offices that you can easily get to:
Level 2, Suite 2.03, 491 Kent Street, Sydney NSW 2000
Level 13, 50 Cavill Avenue, Surfers Paradise QLD 4217
Level 27, 101 Collins Street, Melbourne VIC 3000Telephone: 03 9221 6344
Level 14, 3 Parramatta Square, 153 Macquarie Street, Parramatta NSW 2150Telephone:02 8114 4511
Contact us today for a confidential consultation by calling (02) 8114 4511 or email to learn more about our areas of practice, our team, and funding your family law matter.
Ben O’Sullivan is our Director and Principal lawyer who is passionate about pursuing justice for clients. Before founding O’Sullivan Legal, Ben built his expertise at a leading specialist family law firm in Sydney, where he represented clients in property settlements, and parenting matters across New South Wales and interstate.
He later broadened his experience as a criminal defence lawyer and is currently completing a Master of Laws (Criminal Practice) at the University of Wollongong.
We make your child support case worry-free and easy at all stages.
