Adult child maintenance in Australia: a complete guide

Turning 18 is a big milestone, but it doesn't always mean your child is financially independent.

In fact, many young adults still rely on their parents for support while they finish school, manage health issues, or get on their feet.

That's where adult child maintenance comes in.

This lesser-known area of Australian family law kicks in once a child legally becomes an adult but still needs financial help.

Under Section 66L of the Family Law Act 1975, a parent (or in some cases, the adult child themselves) can apply for ongoing financial support.

It's most commonly needed when a child is still in full-time education, living with a disability, or facing hardship that limits their ability to earn.

Adult child maintenance isn't just about keeping the lights on, it's about making sure young adults aren't left in the lurch during critical periods of transition.

Whether that's covering uni fees, medical costs, or living expenses, this type of support helps bridge the gap between childhood dependency and true independence.

In this guide, we break it all down :
who can apply, how it works, what it covers, how it differs from standard child support, and how to get started.

If you're a parent wondering about your legal duties, or an adult child exploring your options, you're in the right place.

What is Adult Child Maintenance?

Adult child maintenance is exactly what it sounds like: financial support for a child who has reached adulthood but still depends on a parent to meet basic needs.

Once a child turns 18, most parents assume their legal obligations stop there.

But in reality, some young adults continue to need help.

Maybe they're studying full-time, dealing with a disability, or going through a rough patch that makes earning an income impossible.

That's where Section 66L of the Family Law Act 1975 steps in.

It gives courts the power to order financial support for adult children who aren't quite ready, or able, to stand on their own.

This part of the law was created with one goal in mind: to make sure vulnerable young adults aren't cut off simply because they've reached a milestone birthday.

It recognises that the path to independence isn't always linear, and that sometimes, a bit more time and support is needed.

Depending on the circumstances, support can be short-term or ongoing.

For example, A 19-year-old recovering from surgery might only need help for six months while they get back on their feet.

But if an adult child has a lifelong disability that prevents them from working or managing daily life, long-term financial assistance may be necessary.

The key takeaway?

If the need is genuine and the child's dependency is reasonable, courts can step in to make sure they're not left behind.

Covered expenses can include :

• Educational fees and materials (e.g. textbooks, laptops, exam fees)
• Health care and private health insurance
• Rent, board, or assisted living arrangements
• Transportation costs for study or medical care
• Tutoring, therapy, or other support services

The key principle is that the expenses must be reasonable and necessary, based on the child's circumstances and the financial capacity of the parents.

Difference Between Child Support and Adult Child Maintenance

Understanding the distinction is crucial for parents and carers planning for ongoing responsibilities beyond their child's 18th birthday :

When Can Adult Child Maintenance Be Claimed?

Adult child maintenance can be claimed in circumstances where the child remains financially dependent despite reaching adulthood.

This dependency can arise from a variety of legitimate reasons, and each case is considered on its individual merits.

Common circumstances include :

1. Full-time education :

This may involve university degrees, TAFE courses, apprenticeships, or other tertiary education pathways.

Courts may assess whether the course is full-time, how long it will last, and whether the student can realistically support themselves during this time.

2. Mental or physical disability :

If the adult child has a condition that affects their ability to work, live independently, or manage daily life without support, this can be grounds for long-term maintenance.

Disabilities may be physical (e.g. mobility impairments), cognitive (e.g. intellectual disabilities), or psychiatric (e.g. chronic anxiety or schizophrenia).

3. Other serious hardship :

Courts are open to considering exceptional cases involving medical recovery, temporary incapacitation, family violence trauma, or rehabilitation from addiction.

The key is demonstrating why the adult child cannot reasonably be expected to support themselves in the short to medium term.

Real-world examples :

• An 18-year-old enrolled in a demanding architecture program, living at home due to high study demands and limited time for part-time work.
• A 20-year-old with a developmental disability who requires around-the-clock supervision and has no earning capacity.
• A 22-year-old recovering from serious spinal surgery, relying on parental assistance during a 12-month rehabilitation process.
• A 19-year-old who left home due to domestic violence and is now studying part-time while receiving mental health treatment.

In each of these scenarios, the court will weigh up the child's needs and the parent's financial position.

The aim is to ensure that support is fair, proportionate, and truly necessary for the child's wellbeing and stability during this transitional period of life.

Who Can Apply for Adult Child Maintenance?

An application for adult child maintenance can be brought by a range of individuals depending on the circumstances and who has primary caregiving responsibilities :

• A parent of the adult child, especially if they continue to provide accommodation, financial support, or act as the primary caregiver.
• The adult child themselves, particularly in situations where they are estranged from one or both parents or living independently and in need of direct financial assistance.
• A legal guardian or carer who has assumed responsibility for the adult child's daily needs, often in cases involving disability, illness, or loss of parental care.

In some instances, grandparents, step-parents, or other relatives who have taken on a caregiving role may also be eligible to apply, provided they can demonstrate a clear and ongoing responsibility for the adult child's welfare.

Although the rules around adult child maintenance are set under federal law, specifically the Family Law Act 1975, how those rules are interpreted can shift slightly depending on where you are in Australia.

That's because judges across different states have a bit of leeway in how they apply the law, and over time, patterns emerge based on local case outcomes.

• In Queensland, for instance, courts tend to zoom in on education-related costs. Think textbooks, transportation to and from university or TAFE, and even the kind of accommodation needed to make study possible. If the adult child's learning environment requires financial support, Queensland courts are likely to pay close attention.
• In New South Wales, judges often weigh up how much initiative the adult child has shown. Are they trying to work part-time? Have they applied for Centrelink or other benefits? There's a clear focus on personal effort and whether the young adult is doing what they reasonably can to ease their financial burden.
• Over in Victoria, medical and psychological evidence often plays a key role, especially when mental health issues or disabilities are the basis for the maintenance claim. Courts may expect detailed documentation and ongoing assessments to justify long-term support.

While these differences might seem subtle, they can significantly affect how a case plays out.

What flies in one jurisdiction might need more evidence or a different approach in another.

That's why getting tailored legal advice early on isn't just a smart move, it can make or break your application.

How to Apply for Adult Child Maintenance

There are two main pathways to establish adult child maintenance :

1. Private Agreement

Families may reach a mutual agreement without involving the courts.

These arrangements are often quicker, less stressful, and more cost-effective than formal litigation.

A strong private agreement should clearly document each party's responsibilities to avoid future disputes.

It should include :

• The amount and frequency of payments : Weekly, fortnightly, or monthly contributions depending on the child's needs and the payer's capacity.
• Which parent or party is responsible : Clearly outline who is paying and who is receiving support, especially in shared care or complex family structures.
• What expenses are included : Specify categories like :
  • Tuition fees, textbooks, and stationery
  • Rent, board, or accommodation allowances
  • Medical and health insurance costs
  • Travel and transportation to/from school or work
  • Internet, mobile phone plans, or utilities if studying from home
• The duration of support : Set a clear end date or review points (e.g. upon graduation, turning 21, or change in medical condition).
• Conditions for reassessment or early termination :Outline what happens if the child becomes employed, changes study plans, or moves out of home.
• Dispute resolution mechanism : Include a clause for how disagreements will be resolved (e.g. mediation first before any legal steps).

Agreements can be formalised through a Binding Child Support Agreement (BCSA) or included in a Parenting Plan.

A BCSA requires both parties to receive independent legal advice, ensuring the agreement is fair, enforceable, and compliant with legal standards.

This added step helps protect against future disputes or claims of unfairness.

2. Court Order

If a private agreement isn't possible, whether due to conflict, non-cooperation, or uncertainty, the applicant may seek a court order.

This is often necessary where one party refuses to contribute or where support is urgently needed.

Court Application Steps :

• File an initiating application with the Federal Circuit and Family Court of Australia, outlining the request for adult child maintenance.
• Serve notice to the other parent or party involved, ensuring they are given proper legal notification.
• Submit supporting documents, such as :
  • Proof of enrolment in education (e.g. university acceptance letters)
  • Medical or psychological reports
  • A detailed estimate of the child's living and study expenses
  • Financial statements or tax returns showing your own income and assets
• Attend court hearingswhere the parties may need to give evidence or attempt mediation.
• Receive an orderfrom the court that outlines :
  • Who must pay and how much
  • What expenses are covered and how disputes will be managed
  • When payments begin and end

The court considers several factors in making its decision :

• The adult child's personal situation : including health, education, employment, and living arrangements.
• The financial positions of both parents : including earning capacity, assets, liabilities, and current financial obligations.
• Any current arrangements : such as informal support or shared care arrangements already in place.
• Prior agreements or understandings : even if not legally formalised.

A court order provides legal certainty and a mechanism for enforcement if one party fails to comply.

While more formal and structured than a private agreement, this process can be essential for high-conflict cases or where complex needs require court oversight.

When Does Child Support Stop?

In Australia, child support obligations don't just vanish the moment your child turns 18, but the rules do change.

Typically, standard child support ends at age 18.

But if your child is still enrolled in secondary school when they blow out those 18 candles, payments can continue until the end of that school year.

This ensures students aren't suddenly left without support halfway through Year 12.

But here's the catch: that extension isn't automatic.

To keep support going beyond the 18th birthday, the receiving parent needs to lodge an application with Services Australia before the child turns 18.

They'll need to provide proof of enrolment to qualify.

Miss that window, and the regular child support payments will stop, regardless of whether the child's needs have actually changed.

After that school year ends, the legal framework shifts entirely.

The only way to continue financial support is by applying for adult child maintenance under the Family Law Act 1975.

And this new phase comes with a few important differences :

• Child support is run through Services Australia, but adult child maintenance is handled through private agreements or decided by the Family Court.
• The bar is higher, you'll need to show the adult child still genuinely needs support due to full-time study, a disability, or exceptional hardship.
• Enforcement changes, too. Any court-ordered maintenance is treated like a civil debt, meaning non-compliance can lead to legal consequences.

This handover from one legal regime to another can catch families off guard. If your child is approaching 18 and still relies on you financially, now's the time to plan.

Don't wait for the support to stop, speak to a family lawyer and get ahead of the paperwork so there are no gaps in what your child needs to stay afloat.

Ending or Modifying an Adult Child Maintenance Order

A court order or agreement for adult child maintenance may be varied or terminated in a range of situations, including but not limited to :

• The child becomes financially self-sufficient : For example, the adult child secures full-time employment or begins earning a regular income through their own business.
• The child finishes their course of study : Completion of university, vocational training, or apprenticeship programs may signal the end of a valid dependency period.
• The child's medical or psychological condition improves significantly : If a disability or condition that originally justified maintenance becomes manageable and the child is capable of independent living.
• The paying parent experiences a major change in financial circumstances : This could include job loss, unexpected illness, a new dependent (e.g. another child or aging parent), or a business downturn that affects capacity to pay.
• The child enters a new living arrangement : Moving in with a financially supportive partner, relocating overseas, or receiving another form of support (e.g. government benefits) may warrant a reassessment.
• The child disengages from education or therapeutic commitments : If a child voluntarily drops out of study or stops following a treatment plan, the basis for maintenance may weaken.

To modify or end a maintenance order, a formal application must be submitted to the court.

This process includes :

• Filing the relevant application form
• Providing evidence of the change in circumstances (e.g. employment records, medical reports, financial statements)
• Attending a hearing where both parties may be asked to present their position

The court will assess whether the original basis for support still exists and whether it remains just and equitable to continue.

Orders can be reduced, suspended, or terminated depending on the facts.

Legal advice is crucial to ensure applications are thorough and supported by persuasive documentation.

If a parent fails to meet their legal obligations under an agreement or court order, enforcement options are available. These may include:

• Wage garnishment (deduction from salary)
• Property seizure in extreme cases
• Accrued interest on overdue amounts
• Court-imposed penalties or fines

"Outstanding child support" refers to unpaid amounts still legally owed.

Even after the child turns 18, debts may be pursued depending on the nature of the agreement or the court's ruling.

Frequently Asked Questions

1. Do I still have to pay child support if my child is working?

Maybe. Just because your child has a job doesn't mean they're automatically financially independent.

If they're working part-time while juggling full-time study or managing a disability, chances are their income won't stretch far enough to cover essential living expenses.

In these situations, adult child maintenance could still be on the table.

The courts look at the full picture, how much they earn, what their needs are, and whether their circumstances justify ongoing support.

2. Do I have to pay support if my child is doing an apprenticeship?

Often, yes.

Apprenticeships can be low-paid, especially in the early stages, and many apprentices still live at home or rely on family to cover gaps.

If the apprenticeship wage doesn't meet your child's basic living costs, like rent, travel, or training fees, the court might decide that additional financial support from a parent is warranted.

It's not about punishing parents; it's about making sure young adults aren't left struggling while building a future.

3.What if my child is at university?

University is one of the most common triggers for adult child maintenance.

Tertiary study takes time, energy, and money, and most students can't manage it all without help.

If your child is studying full-time and relying on you financially, you could be required to contribute, especially if they have no other means of support.

Courts recognise that education is an investment in a young adult's future and may order parents to share the financial load.

4. What can I do if the other parent refuses to pay?

If you've got an agreement or court order in place and the other parent isn't holding up their end, you don't have to deal with it alone.

The court has several enforcement tools available, wage garnishments, fines, even property seizure in serious cases.

Don't wait and hope they'll come around.

File for enforcement and let the legal system step in. It's about fairness and accountability, not just paperwork.

How Unified Lawyers can help

Navigating adult child maintenance can be confusing and emotionally draining, especially when you're trying to do what's best for your child while balancing your own responsibilities.

Whether you're a parent unsure about your legal obligations or an adult child seeking support, having the right legal guidance can make a world of difference.

At Unified Lawyers, our experienced family law team provides clear, tailored advice on adult child maintenance matters.

We can help you understand your entitlements, prepare and submit court applications, formalise private agreements, or respond to a claim made against you.

Our family lawyers take a practical, empathetic approach to ensure your matter is handled with care and precision.

We know how important it is to resolve these issues efficiently and fairly. That's why we work closely with financial advisors, medical professionals, and education providers when needed to support your case with the right evidence and strategy.

If you need help with adult child maintenance, contact Unified Lawyers today.

We'll guide you through every step of the process and help you move forward with confidence.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.