Financial assistance for children under 18 is usually by way of child support. For children over 18, child support lawyers may be able to provide advice to determine if financial assistance usually by way of child maintenance will be suitable.
How do child support lawyers and the Court assess child maintenance
Child maintenance orders for children over 18 are made at the Court’s discretion and in consideration of the threshold test and capacity to pay.
Section 66H requires the Court to;
- Consider the financial support necessary for the maintenance of the child; and
- Determine the financial contribution towards the financial support necessary for the maintenance of the child, that should be made by a party.
(a) Financial Support Necessary
In determining the financial support necessary the Court considers a variety of matters under section 66J of the Act.
Some of the considerations may consist of:
- Age
- Education
- Special needs
- Earning capacity and financial resources of the child
(b) Financial Contribution
In determining the financial contributions to be made by the parties, the Court considers a variety of matters under section 66K of the Act.
Some of the considerations may consist of:
- Income and earning capacity
- Commitments of the party to him or herself or any other children
- Any circumstances that would cause undue hardship or injustice
Why you should seek assistance from a child support lawyer?
The factors that the Court will consider are not restricted to the few mentioned above and ultimately the decision is at the Court’s discretion. For such reason it is advised and considered beneficial that you seek advice from a child support lawyer. One of our specialist child support lawyers can help guide you in relation to child maintenance concerns and questions and make this stressful time for you more straightforward.
Speak to one of them today! Contact us on 1800 300 170 or email us at familylaw@matthewsfolbigg.com.au
Click here for more information on Child Support.
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
