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

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AllForHer

Well-Known Member
23 July 2014
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Okay, so there's two ways in which a parent can pursue financial support for a child.

First is child support. This is an entitlement under the Child Support (Assessment) Act 1989 (Cth). It stops being an entitlement when the child turns 18 or if they are still at school in their 18th birthday, when the child finishes their secondary education.

Thereafter, when it's no longer an entitlement, it's a privilege attainable only by either agreement between the parents, or by order of the Court in the form of an adult maintenance order.

Section 66L of the Family Law Act 1975 addresses adult maintenance orders by only imposing restrictions on when the Court can make such an order. Specifically, it cannot make such an order unless it is satisfied the order is necessary for the child to complete his/her education, or because the child has a disability.

The main element is necessity. A parent being wealthy does not mean it is also necessary that adult maintenance be paid to support the child through University. This isn't an order based on 'fair and just', it's an order based on necessity, so the amount ordered to be paid isn't going to be commensurate with the amount of money the other parent has; it's going to be commensurate with what is necessary for the child to complete their education.

The facts in this case are that the child is over the age of 18 and studying at University. The question is: is the daughter entitled to child support?

The answer is no - first, parents receive child support, not the offspring, and second, she is not entitled to child support because child support entitlement stops at 18.

She may, however, seek agreement from the other parent, and failing that, a court order for an adult maintenance order, which would only be granted if the Court was satisfied it was necessary so that the child could finish their education.