Loading...

When is Adult Child Support Appropriate?

14 August 2018

The law states that separated parents have a legal obligation to provide financially for their children. The Child Support Agency regulates this until the child is 18 years old – but what happens after that? Is it possible for a parent to be required to financially support an adult child?

The answer is ‘yes’ – once a child turns 18 years of age the Child Support Agency involvement ceases and the Family Law Act then takes over.

What is required for such an Order to be granted is decided on a case by case basis. However, a number of questions come to mind… One of the most notable is – does there need to be an existing relationship between the child and the parent who is Ordered to pay child maintenance?

Should a Relationship exist between the Parent and Child?

Recently, the Court was asked – is it proper for the Father to pay financial support to his adult son when they have no interaction with each other and it is unlikely they will in the future?

In a previous case, a Judge had noted that it is not necessary for a “warm relationship” to exist between the parent and the child, for maintenance to be awarded.

The Court has determined that, whether maintenance should be paid for an adult child, is an objective test, that is – what is reasonable in that particular circumstance? In deciding this, the Court balances the parents’ resources and the child’s actual and potential resources. The Court will also consider other ways the child could finance their education, including deferring their studies, obtaining part-time employment or studying part-time.

The Court, when deciding to Order child maintenance has a wide discretion and can consider if a lump sum payment should be made, or whether payment should be by installments. The later is usually more desirable. A lump sum will most likely only be granted where “severe pressure” is involved.

A Recent Example

The Federal Magistrates Court recently had to decide whether a Father who was estranged from his son, should be Ordered to pay Child Maintenance to support his adult son through his university studies.

The Facts:

  • The Mother was aged 56 and the Father 51. They had been in a de facto relationship and had three children, aged 20, 18 and 16.
  • The children had lived with the Mother since separation. None of the children had had any relationship with the Father for the past 6 years.
  • For 2 years after the separation, the Father relied on social security payments and was assessed to pay the minimum monthly Child Support of $21.67.
  • The Mother claimed the Father was a highly skilled self-employed IT professional and that he was not earning his full income capacity. The Father disputed this and said he had actively sought work other than at times when he was unable to, due to illness.
  • The Mother had her own IT business and retained the parties’ properties, worth just under $1.5 million.
  • The eldest child was studying a double degree at university and the Mother stated that he was entirely financially dependent on her. She said his expenses were approximately $420 per week and that the Father should contribute $176.28 each week (about 40%)
  • The Mother calculated that a lump sum adult Child Support of $55,000 should be paid, as this would support the son for his 6 years at university.
  • The Father stated that the Mother had not taken into consideration the eldest son’s past scholarship and his capacity to seek part-time work in the university holidays. The Father also stated that a lump sum payment would be unfair to him, as the eldest son could defer or decide not to complete his studies in the future.
  • The Mother stated that the eldest son’s degree was demanding and it would not be appropriate for him to seek part-time employment.

What did the Court consider?

  • In determining the level of financial support necessary for the maintenance of the child there must be a consideration of the needs of the child, the age of the child and the parent’s expectation for the child’s education.
  • The capacity of the child to earn income, but disregarding any entitlement of the child to an income tested pension, allowance or benefit.
  • What financial contribution each parent should make and in doing so, determine the income of each parent, property and financial resources.
  • The Father had paid Child Support for the last 4 years, with the most recent annual amount being $7,452.
  • The Mother said that the eldest son was the most affected child when the couple separated and she did not want to push him, stating that at the end of his first year of university he “crashed”.
  • The adult child’s weekly expenses were estimated to be at $307.00 each week, this included food, clothing, education, entertainment and fares, it did not include board he paid to the Mother.

What was the Outcome?

As a result, the Court found that:

  • It was the expectation in this family that the parents would provide some level of financial support (if it was available to them) for the child to pass through school or university.
  • In this situation it was necessary for the parents to provide the adult child with a level of financial support.

It was not unreasonable for the adult child to provide for half of his financial needs.

In deciding whether Child Maintenance should be awarded, the Judge gave regard to the following considerations:

  • The Father would not be asked for any advice or guidance in regards to the child’s academic decisions;
  • The Father would most likely not receive any “thanks” for the financial support; and
  • The Father would not be able to enjoy the child’s academic achievements.

The Court took into account the fact that the Mother and Father had similar incomes and earning potential. However, as the adult child had been estranged from the Father for several years, the Judge did not think it was “necessarily proper” that both parents contribute to the adult child’s financial support equally.

The Court Ordered that the Father contribute 20% of the child’s expenses, which amounted to $3000 per year. The payment was to be made in a lump sum, as it was likely the Father would only provide the maintenance under duress. The sum of $12,000 (for the remaining 4 years of study) was Ordered to be invested in an interest bearing account and released in $3,000 installments at the beginning of each year during the years the son would be engaged in study. If the child ceased to study, or became engaged in full-time work, the Father needed to be advised and the funds be refunded.

Need assistance?

If you need family law advice, please feel free to contact Michael Lynch Family Lawyers via our appointment form or by calling our Brisbane office (o7) 3221 4300. We will endeavour to provide the best possible solution for your matter.

2021-09-29T11:44:32+10:00

Client Testimonials

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo

You, guys, provide extraordinary service.

A.O., North Brisbane
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane

I was always confident that I was getting the very best advice.

T.S., Flinders

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton
Your newsletters are great, I appreciate them.
K.B., Carina
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
Your team is professional, warm, friendly and real.
N.R., Crows Nest
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford