Do I Have to Pay Child Support If My Child Goes to University?
In Australia, the question of whether a parent must continue paying child support when their child attends university is not always straightforward.
While child support typically ends when a child reaches 18 years of age, there are circumstances where a parent may be obligated to provide ongoing financial support.
Here are three key factors to consider when determining if you need to pay child support for a child who is pursuing higher education.
1. The Age of the Child and Their Enrolment Status
Under the Child Support (Assessment) Act 1989, child support typically ceases when a child turns 18. However, if the child is still in full-time secondary education when they turn 18, child support may continue until they complete their secondary schooling or turn 19, whichever comes first.
If a child over 18 is enrolled in full-time tertiary education, such as university or TAFE, a parent may be required to pay ongoing financial support in the form of adult child maintenance. This obligation is not automatic and usually requires a court order from the family court.or a binding child support agreement.
🔑 Key takeaway: Child support may extend beyond age 18 if the child is still in full-time secondary education or if adult child maintenance is ordered for a child pursuing tertiary studies.
2. The Financial Needs of the Child and the Capacity of the Parents
When deciding whether to order adult child maintenance, the court will assess the financial needs of the child and the capacity of each parent to contribute to those needs. Factors the court may take into account include:
- The child’s needs: The reasonable costs associated with the child’s education, such as tuition fees, textbooks, and accommodation and general living expenses. It’s important to accurately assess and document these costs as they form the basis for determining the required amount of support.
- The child’s capacity to earn: The child’s ability to support themselves through part-time work or other income.
- The parents’ financial circumstances: Each parent’s ability to support their child, taking into account their income, assets, and other financial obligations.
If the court determines that the child requires financial support to pursue their education and that the parents have the capacity to provide that support, it may order adult child maintenance.
🔑 Key takeaway: The court will consider the child’s financial needs and the parents’ capacity to pay when deciding whether to order adult child maintenance.
3. Agreements and Consent Orders
Parents can also choose to enter into a binding child support agreement or seek a consent order that addresses the issue of ongoing financial support for a child attending university.
These agreements or orders can be customised to the specific circumstances of the family and may provide for support to continue until the child completes their tertiary education.
To be legally enforceable, a binding child support agreement must be in writing, signed by both parents, and accompanied by independent legal advice for each parent.
A consent order requires the agreement of both parents and must be approved by the court, acting as a binding and enforceable legal document.
🔑 Key takeaway: Parents can address the issue of ongoing financial support for a child attending university through binding child support agreements or consent orders.
Step-by-Step Preparation for the Legal Process
To prepare for the legal process of seeking adult child maintenance in Australia, follow these steps:
- Start planning early:Â As your child approaches the end of their secondary education, begin considering their future educational needs and the potential costs involved. To ensure a smooth transition, prepare your application for adult child maintenance well before your child turns 18.
- Gather relevant documents: Collect your child’s academic records, proof of enrolment in tertiary education, and evidence of education-related expenses, such as tuition fees, textbooks, and accommodation costs.
- Assess your financial situation: Evaluate your income, assets, and financial obligations, as well as those of the other parent, to determine your capacity to contribute to your child’s ongoing support.
- Consult with a family law professional:Â Seek advice from an experienced family lawyer who can guide you through the legal process, explain your rights and obligations, and help you understand the likely outcomes based on your specific circumstances.
- Attempt to reach an agreement: If possible, try to negotiate a binding child support agreement or consent order with the other parent that addresses ongoing financial support for your child’s tertiary education.
- Apply to the court: If an agreement cannot be reached, you may need to apply to the court for an adult child maintenance order. Your family lawyer can assist you in preparing and filing the necessary documents and representing your interests in court.
🔑 Key takeaway: By following these steps and working closely with a knowledgeable family law professional, you can navigate the legal process of seeking adult child maintenance and ensure that your child’s educational needs are met.
While child support typically ends when a child turns 18 in Australia, continuing support during their university years is possible through adult child maintenance.
Determining whether you must continue paying child support when your child goes to university can be complex. It depends on various factors, including the child’s age, education status, financial needs, and the capacity of each parent to provide support.
Additionally, parents may choose to enter into agreements or seek consent orders to address ongoing support.
Parents should seek legal advice to navigate this process effectively and ensure their child’s educational needs are adequately supported.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
