Financial assistance for children under 18 is usually by way of child support. For children over 18, child support lawyers may be able to provide advice to determine if financial assistance usually by way of child maintenance will be suitable.
How do child support lawyers and the Court assess child maintenance
Child maintenance orders for children over 18 are made at the Court’s discretion and in consideration of the threshold test and capacity to pay.
Section 66H requires the Court to;
- Consider the financial support necessary for the maintenance of the child; and
- Determine the financial contribution towards the financial support necessary for the maintenance of the child, that should be made by a party.
(a) Financial Support Necessary
In determining the financial support necessary the Court considers a variety of matters under section 66J of the Act.
Some of the considerations may consist of:
- Special needs
- Earning capacity and financial resources of the child