Adult Child Maintenance.

Adult child maintenance must be implemented by way of Court Order. An application for an Order can be applied for by:

• The parents of the children by agreement;

• One parent of the child against the other parent;

• A grandparent of the child; or

• A person concerned with the child’s care, welfare, and development.

An adult child maintenance Order may be granted only if the application satisfies the Court that maintenance is necessary (i) to enable the child to complete their education; or (ii) because of a disability of the child.

The power for a Court to make adult child maintenance Orders is discretionary. Parties are required to demonstrate maintenance is necessary through consideration of:

• The needs of the child and their financial circumstances, including their income earning capacity and assets;

• The financial circumstances of each party;

• The commitments of each party to support themselves and any other child or person;

• The costs incurred by the party caring for the child; and

• Any special circumstances which would result in injustice or undue hardship to any person if not considered.

Parties are not eligible for adult child maintenance if the child is married or in de-facto relationship.

Sayer Jones is well equipped to assess your individual circumstances and advise you on your potential entitlements/obligations on adult child maintenance.