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NT Is 18-Year-Old Still Entitled to Child Support?

Discussion in 'Family Law Forum' started by Trevor geier, 15 July 2016.

  1. Trevor geier

    Trevor geier Member

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    Hi all.

    I was just wondering if my daughter is entitled to child support. Now she is at uni. It stopped at 18 but was told recently that she maybe still be entitled to it while she studies at uni.
     
  2. sammy01

    sammy01 Well-Known Member

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    Call them... I don't think so. I think it ends at 18 or when the child finishes school, which ever happens last. School not uni. But call them and ask and let us know how you go
     
  3. SamanthaJay

    SamanthaJay Well-Known Member

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    If your child is at uni then I would hope that the parents could come to an agreement and continue with the support of the 'adult' child by paying maintenance. If no agreement can be made, then family dispute resolution is the next step. If still no agreement, then supporting parent could take it to court for a decision to be made.

    If you've ever had a 17-21-year-old attend uni, you would realise that financial support for your child does not end the day they finish high school or turn 18. Often with the variable hours of tertiary study, the adult child is in a much better position to hold down a part time job so that helps as well. But I believe the court will often rule that adult child maintenance is to be paid even for a part time working student.
     
  4. sammy01

    sammy01 Well-Known Member

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  5. AllForHer

    AllForHer Well-Known Member

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    An 18-year-old adult - not child, adult - is entitled to their own benefits from DHS. Except in very limited circumstances, child support ends at 18, plain and simple.
     
  6. SamanthaJay

    SamanthaJay Well-Known Member

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    I'm not sure of the actual acts/rules, but I have friends that have been in this position. Two of them had court orders for the child's father to continue with maintenance and another one came to an agreement with the ex to keep paying until their daughter finished uni. They all had family dispute resolution appointments. I also don't think it's something that CSA looks after, as I mentioned, the first two ended up in court over it.

    Funny how in those two that ended up in Court, the fathers were very wealthy! The 3rd one, the dad is on a pretty average wage himself but the dispute between him and my friend was how much he should contribute. Their daughter wanted going out money, phone money, clothes, hair-dressing, manicures etc. The mum (my friend) is the type of parent that can't say no and the daughter was too busy socialising to work part time! But they worked it out in the end without taking it to court and their daughter, as of this year, is enjoying her career as a primary school teacher.
     
  7. SamanthaJay

    SamanthaJay Well-Known Member

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    I just had an email conversation with one of my friends that ended up with Consent Order from the court for it. In Victoria, it's called 'maintenance' rather that child support. She said as far as she is aware, it's not unusual at all. Maybe the cost could make it prohibitive for many to get it to the court stage as she had to get a solicitor involved.

    She said her ex started to gloat about not having to pay child support for their 17-year-old at the time. She said that's when she approached her solicitor that she had for their family and property settlements and they got the ball rolling before the 17-year-old had even turned 18. The consent order was in place by the time the adult child had started uni. The father refused point blank to agree before the court order. The adult child is now in 2nd year of uni (4-year course) and also works part time but this does not affect payment from the father.
     
  8. sammy01

    sammy01 Well-Known Member

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    Ok so 'consent orders' are by agreement. So I'm just a bit concerned here about your information Samantha, either the father agreed 'by consent', or the courts ordered the father to continue paying child support for the adult while they were at uni.

    It always worries me when information is provided based on conversations between friends etc rather than on any basis of the law.

    So in Victoria it isn't called 'maintenance' rather than child support. The child support system is a federal system run by the federal govt. If that were not the case then the easiest way to avoid paying it would be to move states.

    Now I also doubt a court will determine child support beyond the normal rules except where a child has a permanent disability.

    There are clear rules about when the child support agency can vary the rules. They can b found at
    4.3.2 Applications & Orders about Decisions under the CSA Act | Child Support Guide
    Look under this sub-section "

    Application for a change to a child support assessment in special circumstances (section 116)

    So, I'm gonna read between the lines... So I'm assuming the orders were by 'consent', which means dad agreed. So Dad agreed to pay beyond the time that he had to. Sounds like a nice bloke. Everything your mate was saying about him gloating sounds more like a vindictive ex. Dad agreed by consent, nice. Mum twisted it to claim he is gloating not nice.

    So one last thought you wrote "I'm not sure of the actual acts/rules". Look folk come here looking for help about stuff. In this case the poster wanted to know if an adult child could still have a claim for child support. The rules are very clear the answer is no. The only way child support might be payable is if the non-primary parent agreed.

    It think it is really important that information be based on knowledge and facts rather than hearsay and second hand advice. If you were to ask my ex I'm a mean nasty person, incompetent at everything, uncaring and un-sharing, she would tell you I'm a plague on the planet and I sing bad too. She is right about the singing. And I think we need to be confident that we are right about the info we provide and be prepared to be able to provide evidence from the relevant authorities to back it up.
     
  9. SamanthaJay

    SamanthaJay Well-Known Member

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    I know the ex and he has been financially abusive during the relationship and afterwards and the 'gloating' was a continuation of this. What parent holds their kids to ransom based on money?

    From what my friend said, the order was court ordered. I did a quick google search to confirm what she said and it's not just a Victorian thing. It's not hearsay or 2nd hand advice. It's fact. Adult child maintenance is real and achievable. So child support - No, an alternative called Adult Child Maintenance - Yes!
     
  10. sammy01

    sammy01 Well-Known Member

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    I disagree.

    Please provide a reputable source to confirm Now I would suggest that any such maintenance beyond a binding financial agreement - which is an agreement that both parties agree to is bah humbug.

    I also don't think it is something a magistrate would order.

    Can you provide a piece of legislation?
    A court case?
    A link to a gov't agency that implements such a system?
    Now I'm betting you can't.

    To answer your question about what parent holds their kids to ransom based on money. Lots and Lots. Hang round here long enough and you'll find plenty of non-primary carers who would like more than 34% care but the primary carer won't agree because 35% impacts on the family tax benefit and child support or parents who won't agree to more that 14% care because of child support payments.

    Your percentage of care affects your child support payments - Australian Government Department of Human Services

    How many non-primary carers do you reckon get told they can see their kids more, but only if they promise not to tell child support. So you only get to see your kid if you pay for the privilege. Been there, done that and I knew all too well that if I told child support the truth the ex would deny it and make sure I didn't see the kids for a while just so she knew who was the boss...
     

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