In Australia, child support typically ends when a child turns 18. However, many parents wonder whether financial obligations continue when a child moves on to university or TAFE.

This is a common question during separation, and the answer is not always straightforward.

When Does Child Support Officially End?

Under the Child Support (Assessment) Act 1989, child support generally ceases when a child turns 18. However, there are some exceptions:

  • If the child is still in full-time secondary school when they turn 18, payments may continue until the end of the school year or until they turn 19, whichever comes first
  • If the child moves on to tertiary education, such as university or TAFE, standard child support does not automatically continue. In these cases, a parent may need to apply for adult child maintenance through the Family Court

Key point: Child support may continue beyond age 18 in limited circumstances, especially where the child is still in high school or pursuing further study.

What Is Adult Child Maintenance?

Adult child maintenance is separate from normal child support. It applies when a child over the age of 18 is still financially dependent on their parents. This might be due to:

  • Being enrolled in full-time study at a university or TAFE
  • Having a disability or illness that prevents them from working
  • Other exceptional reasons that make them unable to support themselves

An application must be made to the Family Court or the Federal Circuit and Family Court of Australia. This can be lodged by either the parent seeking support or the child, and it must outline the child’s needs and the ability of each parent to contribute.

What Will the Court Consider?

Before making an adult child maintenance order, the Court will review several key factors, including:

  • The child’s financial needs, such as:
    • Tuition fees and textbooks
    • Rent or accommodation
    • Transport and general living costs
  • The child’s ability to support themselves through part-time work or other income
  • The financial circumstances of both parents, including income, assets and other commitments

If the Court determines that the child genuinely requires support and that one or both parents can afford to contribute, an order may be made.

Key point: The Court weighs the child’s needs against the parents’ financial capacity to determine whether support is appropriate.

Can Parents Reach an Agreement Without Going to Court?

Yes, parents can come to an arrangement without going through a formal court process. There are two main options:

  1. Binding Child Support Agreement
    A formal, legally enforceable agreement between both parents, which requires each party to obtain independent legal advice before signing
  2. Consent Orders
    If both parents agree on the support arrangement, they can apply for a consent order through the Family Court, which becomes legally binding once approved

These approaches allow parents to create tailored support solutions based on their own circumstances while avoiding lengthy legal proceedings.

Key point: Ongoing support for children in tertiary education can be agreed through private arrangements and formalised legally.

What Happens if the Child Leaves University or Becomes Independent?

If the child leaves their studies, begins full-time work, or becomes financially independent, the parent providing support may no longer be required to continue payments. In such situations, an application can be made to vary or cancel the maintenance arrangement.

It is also important to notify Services Australia of any major changes to the child’s situation, including their study status, living arrangements or employment, so that your obligations accurately reflect current circumstances.

How to Apply for Adult Child Maintenance

If you believe your child needs continued support after turning 18, here’s a step-by-step guide to help you prepare:

  1. Start Early
    Begin the process before your child turns 18, where possible
  2. Gather Documentation
    Collect enrolment confirmation and details of study-related expenses
  3. Review Your Finances
    Consider your financial situation and the other parent’s capacity to contribute
  4. Get Legal Advice
    Speak with one of our family law experts to identify the right approach
  5. Try to Reach an Agreement
    If you can come to an agreement with the other parent, formalise it through a binding agreement or consent order
  6. Apply to the Court
    If agreement is not possible, submit an application to the Court for a maintenance order

What If the Child Leaves School Before Turning 18?

If a child under the age of 18 leaves school, starts full-time employment or becomes financially self-sufficient, you may be able to stop paying child support. However, this is not automatic. You will need to contact Services Australia and may need to request a formal reassessment of your obligations.

Key point: Child support for children under 18 may end if they are no longer dependent, but you must take steps to update your arrangement.

Final Thoughts: Know Where You Stand as Your Child Approaches Adulthood

While regular child support usually ends at 18, there are circumstances where ongoing financial responsibility may apply. This includes children undertaking full-time study or those who are unable to support themselves.

Whether through a formal agreement, court order or private arrangement, it is important to understand your responsibilities and act early to avoid complications.