Child Maintenance: Understanding Your Options

If you're a separated parent, you may have questions about child maintenance. Who is responsible for paying it? How is it calculated? What happens when your child turns 18? It can be a confusing and emotional topic to navigate, but it's important to understand your options and obligations.

If you need a family lawyer in Melbourne, Dhillon Legal can help you navigate the complex legal issues that arise in family law matters, including child support and maintenance orders.

Since the introduction of the Child Support (Assessment) Act 1989 (Cth) (CSAA), Services Australia (formerly the Child Support Agency) has been responsible for all administrative assessments for child support. This means that the jurisdiction of the Federal Circuit and Family Court of Australia (FCFCOA) is limited, with very few exceptions.

However, the FCFCOA still has discretion in two main areas when it comes to ordering financial support for children. The first is in urgent cases where a child is in need of immediate financial assistance. The second is in cases involving adult children over the age of 18.

Financial support for adult children:

Child support assessments cease to have effect when the child turns 18, but the court can make orders for children over 18 years old in certain circumstances.
The court can make child maintenance orders that begin when the child is under 18 years but continue after the child reaches 18 years, or begin after the child has obtained 18 years.
The making of such an order is at the discretion of the judicial officer who hears the matter and who will be guided by Pt VII, Div 7, Subdiv D of the FLA.
A maintenance order will only be granted where it is “necessary”.

Urgent child maintenance:

An urgent child maintenance application is a “stop-gap” application if an application for administrative assessment has been made but has not yet been determined.
The court must be of the opinion that the child is in need of urgent financial assistance and may order a periodic payment or other payment as it thinks necessary.
Such an order is only for a limited duration and ceases once the Child Support Registrar has made a final decision in relation to the administrative assessment.
Such applications are rare, particularly because in all but the most exceptional circumstances an administrative assessment will be processed much quicker than a court order.

Navigating Child Maintenance

Navigating child maintenance can be complex, emotional, and overwhelming. Whether you're seeking financial support for your child or being asked to provide it, it's important to seek legal advice to understand your options and obligations. The team at Dhillon Legal has extensive experience in family law matters, including child maintenance.