When Does a Parent's Financial Responsibility for a Child End?

Child support and when it ends

Under the Child Support (Assessment) Act 1989 (Cth) an administrative child support assessment ends on the occurrence of one of the terminating events set out in the Act, including where the child turns 18 (subject to the secondary-school extension below), where the child marries or enters a de facto relationship, and other circumstances the Act specifies.

Sections 151B–151D provide for an application to extend an assessment to the last day of the secondary school year in which the child turns 18, where the child is in full-time secondary education. An application must ordinarily be made before the child turns 18, subject to the statutory exceptional-circumstances qualification in the Act. If the extension is accepted, the assessment continues only to the last day of that secondary school year. The extension is administered by Services Australia; it is not the same as adult child maintenance.

Adult child maintenance under section 66L

Under section 66L of the Family Law Act 1975 (Cth) a Court may make an order for the maintenance of a person aged 18 or over only where the Court is satisfied that the provision of maintenance is necessary:

• to enable the child to complete their education; or
• because of a mental or physical disability of the child.

Adult child maintenance is not available merely because the person is unwell, is otherwise unable to support themselves, or is studying. The test is one of necessity on the statutory grounds, applied on the evidence.

Section 66C recognises the primary duty of parents to maintain their children. Section 66E generally restricts proceedings for a child maintenance order under Part VII where an administrative assessment could properly be sought. Section 66F identifies who may apply for a child maintenance order.

University students

There is no automatic obligation to support an adult child who chooses to undertake tertiary study. Whether maintenance is available depends on the section 66L necessity test, the statutory matters (including the child's own resources and the parents' financial circumstances) and the evidence.

Adult children with disability

Where an adult child has a mental or physical disability, section 66L may permit an order for maintenance. The duration and amount depend on the Court's assessment of necessity, the child's needs and resources, the parents' circumstances and the other statutory factors. Section 66M provides that a Court may make a maintenance order against a step-parent only if it is proper to do so; the duty is secondary to that of the parents and is assessed on the statutory matters. Household circumstances alone do not create a step-parent maintenance duty.

Estate planning considerations

Present maintenance obligations continue during a parent's lifetime and are not replaced by estate planning. Where an adult child with ongoing needs is involved, testamentary trusts, special disability trusts, insurance and superannuation nominations may be considered as part of the broader plan; their tax, means-testing and asset-protection effects depend on drafting and the facts and outcomes are not guaranteed.

When to obtain advice

Existing child support agreements or orders, variation and cessation, arrears and enforcement, and the transition between administrative assessment and Part VII proceedings all require tailored advice. Contact Parke Lawyers for advice on child support, adult child maintenance under section 66L, and estate planning where ongoing support may be relevant.