Spousal Support for Adult Children and Children with Disabilities

In Australia, it is a common misconception that a parent’s legal duty to provide financial support ends the moment a child blows out the candles on their 18th birthday.

While the standard Child Support Assessment typically ceases at 18, the Family Law Act 1975 provides a secondary safety net known as Adult Child Maintenance.

This legal mechanism ensures that young adults who are not yet self-sufficient, due to education or disability, receive the support they need from both parents.

What is Adult Child Maintenance?

Unlike child support, which is managed administratively by Services Australia, Adult Child Maintenance is governed by Section 66L of the Family Law Act. It is a court-ordered (or mutually agreed) payment from one parent to the other, or directly to the adult child.

The Court will only grant such an order if it is “necessary” for one of two specific reasons:

1. To complete their education (e.g., University, TAFE, or an apprenticeship).
2. Because of a physical or mental disability.

Supporting Adult Children with Disabilities

For families with children who have a disability, the transition to adulthood can be financially daunting. The law recognises that some disabilities may prevent an adult child from ever becoming fully self-sufficient.

• Long-term Support: Unlike educational maintenance, which usually ends when a degree is completed, maintenance for a child with a disability can potentially continue indefinitely, or if the disability affects their ability to support themselves.
• Relationship to the NDIS & Centrelink: Receiving the Disability Support Pension (DSP) or NDIS funding does not automatically disqualify a child from receiving maintenance. However, the Court will look at these income streams when determining the “gap” in the child’s necessary expenses.
• Defining “Necessary”: Expenses often include specialised medical care, therapy, modified transport, and assisted living costs that exceed what government benefits cover.

The Continuing Role of Education

If a child is 18 but still finishing secondary school, parents can often simply extend their existing child support assessment through Services Australia.

However, for Tertiary Education (Uni or TAFE), a formal Adult Child Maintenance application is usually required.

The Court considers:

• The child’s capacity to work part-time while studying.
• Whether the chosen course will likely lead to financial independence.
• The “necessary” costs: textbooks, equipment, and a share of household rent/utilities. (Note: HECS-HELP debts are generally not considered a necessary immediate expense because they can be deferred.)

How does the court calculate payments?

Unlike the calculation process concerning standard child support, the courts do not apply a specific formula for determining child maintenance payments. Instead, the court performs a balancing act, assessing:

• The child’s needs; including the consideration of:
  • Reasonable living expenses (food, rent, medical)
  • The child’s own income or savings, or the capacity to earn an income.
  • Any special needs relating to their health or disability.

• The parents’ capacity:
  • The parents’ current income and earning capacity.
  • The parents’ duty to support themselves or other dependents.
  • Any significant debts or other commitments

Practical Steps for Parents

If you believe your adult child requires ongoing support, or if you are being asked to provide it, keep these points in mind:

• Apply Early: You can apply when the child is 17 years old to ensure the order kicks in exactly when they turn 18.
• Try Mediation First: Court is expensive. Many families successfully use “Consent Orders,” where both parents agree on a figure and have it rubber-stamped by the Court without a trial.
• Gather Evidence: For disability-based claims, you will need comprehensive medical reports. For education-based claims, you will need proof of enrolment and a detailed budget of study costs.

Read our blog to know more: Dividing Assets After a Short Marriage or Relationship: What’s Fair?

Need a Family Lawyer?

The end of childhood isn’t always the end of a parent’s financial responsibility. Whether it’s helping a budding professional through their final year of university or ensuring a child with a disability has a dignified quality of life, Australian law prioritises the welfare of the child over a specific age milestone.

At Chatswood Family Lawyers, our experienced Family Lawyers are dedicated to facilitating you in ensuring the best possible outcome for your adult children to ensure they receive the appropriate financial aid to support themselves.

Contact us (02) 9412 4500 or reach out via our contact form for a confidential consultation.

For experienced guidance through alternative dispute resolution and all aspects of family law, contact Damian Phair, Accredited Specialist in Family Law, at Chatswood Family Lawyers to arrange a confidential consultation.