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Adult Child Maintenance clarification please

Who applies to have maintenance extended aftre the child is over 18?

Hi, I am just wondering if someone can clarify this for me.

I have heard varying accounts of who actually applies to have maintenance continue once a child reaches 18.

1. The child themselves must apply and

2. The custodial parent must apply.

Once a child turns 18 child support (and CSA involvement) stops, however can be extended how?

Thanks in advance.

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
My understanding is that either the parent or the child can apply, but it is generally expected that the child, who is by then an adult, will apply.

That seems like a very big task to me - an adult child having to take their own parent to court.

CSA, as I understand it, cannot be extended beyond the end of the year in which the child turns 18, no matter what the circumstances.

Has anyone ever been through the process of applying for adult child maintenance?



There is another thread going at the moment where over 18 child maintenance has been explained and discussed in detail. That is a good place to start. Thread is "Nights in Care."

On the question of who should apply, Katie's post is accurate, but can I add, it is more likely that a child finishing study will apply in person if they are living away from home. If the child is at home then the parent should apply. When I say "apply" read negotiate and settle for an appropriate amount.

Please note that there is more scope for payments to be made direct to children or schools/uni, when over 18 because it ceases to be a CSA matter.

Last edit: by OneRingRules

TESTING-ONE-TWO said
 If the child is at home then the parent should apply. When I say "apply" read negotiate and settle for an appropriate amount.
Thanks TESTING-ONE-TWO  (is it uncool to shorten that to Testing? affectionately of course!)

I am interested that you use the word should.

I agree but wonder what your reasoning is.

Thanks

Katie



Hi Katie, call me what you like. Testing has been used before (amongst other things).

I say " should" for the reasons you already identify, nothing to do with the law. An application by the "child" places them in an awful position and it is a serious power imbalance. It should be done on the child's behalf. I say child, but at 18 it seems inappropriate.
Thanks Katie and Testing one two, So either can apply and since its not under csa jurisdiction does that mean that any payments agreed to can go directly to the child or institution and need not have any contact with the parent?

When 'Life' is hard and things are tough,

and you feel like you've had enough.

Remember always this one thing true,

Someone else depends on YOU.
If you have a suitable arrangement with your daughter there should be no need for anyone to apply to court. After all it is for daughter's benefit and she is legally an adult. That keeps ex out of the loop, but your daughter may need to pay mum some board otherwise she is less likely to let it go. (Seems fair enough, that is what some of the money is for.)

If mum does apply, (out of spite, poor advice, or an attitude that whatever you pay is never enough), the amount you pay direct to daughter or Uni/school will be taken into account. This is a no-brainer, but make sure it is not cash. If your offer to daughter or mum is a reasonable amount she may think twice about applying. There are cost implications.

Good luck.
Thanks TESTING-ONE-TWO  (I decided to go with the whole moniker cos I realized just saying you are 'Testing' is like when you say 'I know you are trying -very trying!)

We are talking about two different situations here.

OVERCSA is talking about when an offer has been made and I agree with you that it should not be necessary to take that to court.

I am talking about when no offer is made, and unfortunately court is the only way.  In that case, I agree that a power imbalance is an issue in that situation, so it is best for the parent to apply or even better if the other parent just makes an offer which is cheaper all round.



I should change my username. Capital letters make it sound like I am shouting into the microphone. I didn't mean to do that. My keyboard was on cap lock when I entered my details when I joined.

I think we both agree. My use of the should was wishful thinking. Best case is obviously that the relationship between parent and child is such that, to quote the Beatles, "we can work it out".

Unfortunately that is not always so. In that case the law is that either the child or parent can apply, but child initiated applications are very rare. If the child applies, I am certain that the outcome is that the matter can be settled. If it is the other parent who initiates, then apply usual principles.

ss66L, 66J, 66H

and, Re: AM (Adult Child Maintenance) (2006) FLC ¶93-262,

Hope this helps.

PS. I think I need to get a life. This is my Friday night. :'(
T12 - I think you are moonlighting  :ninja:

You know too much law. I hope you've not learnt it the hard way.  :cool:

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
TESTING-ONE-TWO said
ss66L, 66J, 66H

and, Re: AM (Adult Child Maintenance) (2006) FLC ¶93-262,

Hope this helps.
Thanks again T12 (nice compromise Artemis!)

I can't find that case.

Would you please let me know where to look?

Also, I found a reference to that case when I was trying to find the actual case and it seems it is mostly about special needs due to disability.

Do you happen to know where I might find a case about completing education, especially seconday education, after age 18?

Sorry, I agree you deserve a life, but I need help!

Cheers, Katie



Katie, there is a wonderful thing on the internet called AUSTLII. It is a legal database; very easy to use.

If you have a crack at using it yourself, you may find some other cases of interest to you depending on the search word.

Doing it this way is better than being spoon fed a case - you may find 5 in a 1/2 hour of searching that are very useful.

I also subscribe to the federal magistrate's site and they email me all the recent cases. This is useful too, to stay abreast of current judgements.

I focus on cases of interest to me, and ignore all the property and CSA ones.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
I refer to Re: AM (Adult Child Maintenance) (2006) FLC ¶93-262, even though it refers to disability rather than education because Carmody J writes a very good (and easy to read) judgement which summarises the development of the law in this area. The priniples are the same for continuing education.

To respond to a couple of other posts:

Artemis provides a link to Austlii. Use it. You will find all Australian legislation and case law. The search engine could be better, but if you persist you will find whatever you need.

Also Artemis, I settled with consent orders on property, and never needed orders for the kids. I am lucky enough to have had an ex wife who put her own feelings about me aside and mostly made decisions about what was best for kids. My son always lived (mostly) with me after we split. My daughter mostly with her mum. Now my boy who is 18 has moved out to go to uni, and my daughter 16 moved in with me at Christmas after 5 years with mum. It was simply a matter of a better school where I live. Her choice.

I paid as much CS as I could. Always over the assessment, ie CS plus half school fees, dentists etc. I did it tough financially for many years but the payback was a workable relationship with the ex which meant that we could stay child focused sort thing out without too much conflict.

Anyway… that's enough about me.

To oneringrules… all involved in this site deserve a big pat on the back, or group hug (I'm from Byron Bay.) It is a fantastic resource. I'm only new to the site, but please be assured the late nights don't go unappreciated.

To Katie here is a link to that case:

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2006/351.html

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCA/2006/351.html?query="Re:%20AM%20(Adult%20Child%20Maintenance

I will try to find you a case on point and post later today.

BTW I like T12. Sounds like a secret agent. I think I'll ask the mod to change.
I seem to remember reading that the CSA will advise a payee about ACM and will collect for them.  Is this still correct, and if so, is the payment lumped together with any other CSA due?

The reason for asking is that UK has nothing like ACM (after all that's what student loans are for) but we expect husband's ex to try to get more money when oldest goes to college.  No way husband could afford to give a regular payment to his son (as paying way over odds in CSA already due to CTE) and therefore would want to refuse to pay ACM - problem is if CSA lump it with monies due for other kids, it would just be enforced through REMO under HAGUE Convention and he would be denied right to appeal to UK court.
greebo said
I seem to remember reading that the CSA will advise a payee about ACM and will collect for them. Is this still correct, and if so, is the payment lumped together with any other CSA due?
The CSA will not advise a payee about adult child maintenance.

If a payee wants child support to continue for a child once they turn 18, the payee must take the initiative and apply before the child turns 18.

CSA will then collect child support but only until the end of the school year in which the child turned 18, and only if they are in full time Secondary education, not tertiary education.

And yes, the payment is included together with any other child support due - it is paid at the same rate as immediately before the birthday, based on the formula or a change of assessment decision.
greebo said
The reason for asking is that UK has nothing like ACM (after all that's what student loans are for) but we expect husband's ex to try to get more money when oldest goes to college. No way husband could afford to give a regular payment to his son (as paying way over odds in CSA already due to CTE) and therefore would want to refuse to pay ACM - problem is if CSA lump it with monies due for other kids, it would just be enforced through REMO under HAGUE Convention and he would be denied right to appeal to UK court.
What I said above only applies to Australia - I can't help with UK.

In any case, Australian CSA does not apply to tertiary education, which is what you seem to be asking about.  That requires an agreement between the parents or a court case where issues of affordability etc get taken into account.

Can you explain REMO and CTE please?  I don't understand why including all payments together is a problem.

Ta.



Katie said
The CSA will not advise a payee about adult child maintenance.
Shouldn't that be should not?

Another note, that this extension, after the child turns 18, can also be applied to Relevant Dependant Children (Natural or biological children), so some may might find this advantageous.
The New Legislation said
If a relevant dependent child of a parent turns 18 during a year in which the child is in full-time secondary education, the parent may apply for the relevant dependent child to be taken into account in any relevant administrative assessment until the last day of the secondary school year in which the child turns 18.
P.S.

REMO = Reciprocal Enforcement of Maintenance Orders

CTE = Capacity to Earn
MikeT said
Katie said
The CSA will not advise a payee about adult child maintenance.
Shouldn't that be should not?
Sorry Mike, personal opinion, I think CSA should answer any question asked by either a payer or a payee.

Personal experience, sometimes they will not answer questions, even about one's own case!

However, having got that off my chest, neither of those is what I meant. I just meant, also from personal experience, that  they will not automatically tell a payee that it is possible to continue child support after age 18.  The payee needs to know the rules and take the initiative, before the birthday.
MikeT said
REMO = Reciprocal Enforcement of Maintenance Orders

CTE = Capacity to Earn
Thanks Mike.



Katie, Thanks for that.

Husband's kids are in Oz so therefore he is at mercy of Oz CSA as if he defaults, UK courts will not pass judgement on whether an assessment is fair but merely enforce payments in accordance with the Hague Convention.

From what you said, if ex does go for ACM, she would have to make arrangements for judgement to be served on my husband in UK but in this case (as it would be outside remit of Hague Convention), he would be able to argue the toss in a UK court (who as I said earlier are unlikely to enforce this given the amount of CSA he pays and because there is nothing similar in the UK).
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