In Australia, the terms child support and child maintenance are sometimes used interchangeably in everyday conversation, but they actually refer to different legal obligations based on a child’s age and circumstances.
While child support typically applies to children under the age of 18, child maintenance refers to financial support for adult children over 18 in specific situations. Let’s break down the key differences and explain how child maintenance works under Australian law.
Table of Contents
Child Support vs Child Maintenance: What’s the Difference?
Child Support (for children under 18)
Child support is a regular payment made by one parent to the other to contribute to the financial costs of raising their child. It ensures that both parents share the costs of essentials such as:
- Housing
- Food
- Schooling and education expenses
- Clothing
- Medical and dental care
In Australia, child support is governed by the Family Law Act 1975 and managed by Services Australia (Child Support Agency). If parents are unable to come to an agreement through negotiation, the parent who has care of the child can apply to the Child Support Agency for a formal assessment.
The amount payable is calculated using a formula that takes into account both parents’ incomes and the percentage of care each parent provides. Payments are generally deducted directly from the paying parent’s wages by their employer. A helpful child support calculator is available on the Services Australia website to give parents an estimate of what may be payable.
Child support typically ends when the child turns 18, although it can be extended if the child is still completing secondary school at the time of their 18th birthday
Child Maintenance (for children over 18)
Once a child turns 18, child support obligations usually cease. However, in some circumstances, a parent may still be required to provide financial support for their adult child. This is what’s legally referred to as child maintenance.
When is Child Maintenance Payable?
Child maintenance may be ordered when:
- The child is still in secondary school: For example, if your child turns 18 while still completing Year 12, they may continue to receive financial support until the end of the school year.
- The child has a disability: If an adult child has a physical or mental disability that prevents them from working or supporting themselves, a parent may be required to continue providing financial assistance.
These obligations are assessed on a case-by-case basis and are not managed by the Child Support Agency. Instead, applications for child maintenance must be made to the Federal Circuit and Family Court of Australia (FCFCA).
Applying for a Child Maintenance Order
If you believe your adult child needs financial support due to education or disability, you can apply for a Child Maintenance Order through the Family Court.
You’ll need to provide evidence of:
- The child’s ongoing needs (educational or medical)
- Your capacity to pay
- The extent of the child’s financial dependence
- The absence of other adequate financial support
The court will assess the individual circumstances and determine whether an order is appropriate.
Resolving Child Support Disputes
In many cases, parents are encouraged to resolve child support matters through private agreement or negotiation. However, if this fails, the primary carer can lodge an application with the Child Support Agency to have the payment amount formally assessed and enforced.
Once a child turns 18 and the circumstances qualify for child maintenance, the application must shift to the court system rather than Services Australia.
Final Thoughts
Child maintenance is an important area of family law designed to protect the welfare of children – even after they reach adulthood – when they are still dependent due to study or disability. Understanding the difference between child support and child maintenance helps parents plan appropriately and ensure their child’s needs continue to be met.
If you’re unsure of your rights or obligations regarding child maintenance or need help applying for a maintenance order, it’s wise to speak with a qualified family lawyer.
Need Help With Child Support?
At James Noble Law, we assist parents with all aspects of child support, child maintenance, and family law matters. Whether you need to apply for a child support assessment, negotiate an agreement, or seek a court order for an adult child’s maintenance, our experienced team is here to guide you every step of the way.
Contact us today to discuss your situation in confidence.
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