If you are going through a Divorce or Separation, you will need a Specialist Family Lawyer guiding you through the process and supporting you each step of the way.
Here at Nevett Ford our Family Law team can help you through any stage of negotiating and organising child support. Please contact us on 03 9615 427 to speak to a Family Law Specialist.
The Family Law Act makes provision for orders to be made for the financial support
necessary for the maintenance of a child.
In making orders, the Court must, among other things, take into account the proper
needs of the child and have regard to the age, the manner in which the child is
being educated or trained and any special needs of the child.
The Act (at Section 66L) makes specific provision that a Court must not make a child
maintenance order in relation to a child who is aged 18 years or over unless the
Court is satisfied that the provision of maintenance for such child is "necessary".
Necessary to enable the child to complete their education, or because of a mental
or physical disability of the child. The power of the Court to make orders for maintenance
for children aged over 18 is not often exercised, leading to a perception amongst
separated parents that the person or persons making payment of maintenance for a
child will not be required to do so beyond the age of 18. This is plainly wrong.
The issue has gained some prominence given recent publicity to the plight of many
students attending University who are effectively living in poverty as they undertake
tertiary training and are without adequate funds to do so.
Our Family Law Group were recently involved in an application for maintenance for
a child, aged over 18, who was attending University. She sought a Maintenance Order
to assist with her necessary educational expenses as she undertook her tertiary
training. Among other things, she sought contribution from her father in payment
of her University expenses including HECS fees. In the case in question, the child
had been estranged from her father for some time, although he had continued to pay
Child Support to the child's mother.
In determining whether the Court would make an order in her circumstances, the Court
had to consider whether the estranged relationship would disentitle her to an order
being made in her favour. The conduct which might disentitle her to an order would
need to be extreme and to have demonstrated that the child had forfeited all rights.
Other matters that the Court would need to take into account was whether the application
amounted to a resurrection of a dependency that had previously been broken; the
child's period of independence, and the delay in making the application. The Act
also requires the Court to ignore the assistance or benefits that the child is entitled
to or has received including any Government benefits.
It might be considered that in an appropriate case the necessities for a University
student would include accommodation, food, transport costs, healthcare, books, clothing
etc. The obligation for payment of HECS fees however would not be considered a necessity,
as the liability is a contingent liability.
Unfortunately for a paying parent, a child's entitlement to Austudy benefits will
not be taken into consideration in determining a child's needs. This is based on
public policy considerations. It should be noted that the provisions for a payment
of maintenance for a child, whether under or over 18 years of age also includes
step-children.
Where to now?
Speak to a Family Law Specialist
Often the best way to get the answers you need is to
speak to a Specialist.
To contact one of our family law specialist please
use our contact form or please call us on +61 3 9615
4327.
Book a consultation
A consultation with one of our Family Law
Specialists allows you the chance to talk about your
family law issue and work with people who deal with
these issues on a daily basis.
Also, it gives you the chance to ask any questions
that are on your mind and gives us the chance to
learn about your situation and what options are open
to you
For more information please call us on +61 3 9615
4327 or send as an e-mail at
info@nffamilylawyersmelbourne.com.au. We can
help you in any situation.
