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Child Support Lawyers advice for Children over 18

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;

  1. Consider the financial support necessary for the maintenance of the child; and
  2. 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:

  • Age
  • Education
  • Special needs
  • Earning capacity and financial resources of the child

(b) Financial Contribution

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The Role of Child Support Lawyers

Child support is an issue likely to transpire for parties separating with children. It is the way in which separated parents address their financial responsibility to their children.

The Australian Bureau of Statistics defines child support as:

“Cash or in-kind payments towards the financial well-being of children. These payments are usually made by the non-resident parent to the parent who has primary care of the children.”

What is the Child Support Agency?

The agency is a Government Human Services department that has the primary role of registering, assessing and collecting payments.

How do child support lawyers help?

The Australian Bureau of Statistics (2009-2010) found that approximately 1.1 million children were impacted by child support. Consequently, it is safe to say that a significant number of parenting matters will involve a child support assessment and often this provokes some conflict between the parties.

Private agreements with the assistance of child support lawyers are a method through which parties can address the issue other than through a child support assessment. Private agreements may either be ‘binding’ or ‘limited’ agreements.

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