Adult Disabled Child Maintenance: Complete Guide to Child Support Beyond 18

While administrative child support assessments typically end when a child turns 18, Australian law recognizes that some children with disabilities require ongoing financial support into adulthood. If your child has a mental or physical disability that prevents them from supporting themselves, you can apply to the Federal Circuit and Family Court of Australia for a maintenance order that can continue indefinitely beyond their 18th birthday.

Can maintenance continue after a child turns 18 if they have a disability?

This comprehensive guide explains everything you need to know about adult disabled child maintenance in Australia, including eligibility criteria, the court application process, how maintenance orders work, and what happens when circumstances change.

Yes, maintenance can continue indefinitely after a child turns 18 if they have a mental or physical disability that prevents them from supporting themselves. However, this requires a court order from the Federal Circuit and Family Court of Australia under section 66L of the Family Law Act. The child must be unable to work or earn a living due to their disability, verified through medical evidence. The court assesses each case individually based on the child's capacity for self-support, and maintenance can continue for the lifetime of the adult child if the disability persists.

What Is Adult Disabled Child Maintenance?

Adult disabled child maintenance is a provision in Australian family law that allows maintenance to continue beyond age 18 when a child has a disability that prevents them from being self-supporting. Unlike regular child support (which is an administrative assessment by Services Australia), adult child maintenance requires a court order.

Under section 66L of the Family Law Act 1975, a court can make a maintenance order for a child aged 18 or over if the child has a mental or physical disability that means they cannot reasonably be expected to support themselves through employment or other means. This is separate from the router.push('/blog/how-to-calculate-child-support')}> administrative child support assessment process

Eligibility Criteria

This provision recognizes that:

The child must be 18 years or older. If the child is still under 18, regular child support rules apply even if they have a disability.

How to Apply

The child must have a mental or physical disability that:

The court assesses whether the adult child can reasonably be expected to support themselves. Factors considered include:

How Is the Maintenance Amount Determined?

Unlike router.push('/blog/how-to-calculate-child-support')}> administrative child support assessments

The court has discretion to set an appropriate maintenance amount based on:

Disability-Related Costs

1. No automatic formula - the court determines what is necessary and appropriate{'\n\n'} 2. No automatic end date - maintenance continues as long as the disability persists{'\n\n'} 3. The adult child's own income is considered in determining need{'\n\n'} 4. Disability-related costs are factored into the court's decision{'\n\n'} 5. The order can be registered with Services Australia for collection

When applying to the court for a maintenance order, you should include evidence of all disability-related expenses:

When Circumstances Change

If the adult child receives NDIS funding, this covers many disability-related costs. However, NDIS funding doesn't eliminate the parental maintenance obligation - it covers specific supports, not general living expenses. The court will consider NDIS funding when determining what additional maintenance is necessary from parents.

If the adult child's condition improves to the point where they can support themselves, either parent can apply to the court to vary or discharge the maintenance order. This requires medical evidence showing the change in capacity.

Common Scenarios

If either parent's financial circumstances change significantly, they can apply to the court to vary the maintenance order. The court will reassess what is appropriate based on the new circumstances.

If care arrangements change (for example, the adult child moves from one parent to the other, or into supported accommodation), either parent can apply to vary the maintenance order to reflect the new arrangements.

Interaction With Other Benefits

Child support payments don't affect the adult child's eligibility for DSP. However, if the adult child lives with a parent, this may affect their DSP rate due to living arrangements.

NDIS funding is separate from child support. Child support covers general living expenses, while NDIS covers disability-specific supports and services.

When to Seek Legal Advice

If a parent receives Carer Payment for caring for the adult disabled child, this doesn't affect the child support assessment. The parent may still be entitled to receive child support.

Consider router.push('/blog/when-to-hire-family-lawyer')}> consulting a family lawyer

Frequently Asked Questions