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In Australia. I have a child support assessment. My child turns 18 this year and is still at school. Can I do anything?

Continuing Child Support for a Child Over 18 in Australia

1. Criteria for Eligibility:

  • Under 19 years old: Child support can continue until the child turns 19, provided they are still in secondary school.
  • In Secondary School: The child must be enrolled in full-time secondary education (e.g., high school).

2. Notifying Services Australia:

  • Contact Services Australia (Child Support Agency) to inform them that your child is still attending secondary school and will turn 18 this year.
  • You may need to provide proof of the child’s enrolment and attendance at school, such as a letter from the school or other documentation.

3. Lodging a New Application or Variation:

  • If your existing child support assessment is due to end when your child turns 18, you may need to lodge a new application or request a variation to the assessment to continue child support payments until the child completes school or turns 19.

4. Reviewing the Assessment:

  • Services Australia will review your circumstances and the documentation provided to determine if child support payments should continue beyond the child's 18th birthday.
  • They will consider factors such as the child's school attendance, the date they will complete secondary school, and any changes in circumstances that may affect the assessment.

5. Legal Advice:

  • If you encounter difficulties or need clarification on the process, consider seeking legal advice from a family lawyer who can guide you through the steps and ensure your rights are protected.

Documentation and Communication

  • Keep Records: Maintain records of all communications with Services Australia, including any forms submitted and correspondence received.
  • School Confirmation: Ensure you have updated and accurate documentation from the school confirming the child’s enrolment and attendance status.

Conclusion

In Australia, child support can continue beyond the age of 18 if the child is still in secondary school and meets the eligibility criteria. By notifying Services Australia, providing necessary documentation, and following the appropriate procedures, you can ensure that child support payments continue until your child completes school or turns 19, whichever occurs first. If you have specific questions or need assistance with your child support assessment, contacting Services Australia or consulting with a family lawyer would be beneficial.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
6 October 2023
SYDNEY
HENDERSON
Highlights
The text discusses a difficult and contentious family court case involving Muir and Rodelo, who have three children. The court suspended Rodelo's time with the children due to his violent and vengeful behavior towards Muir and his current partner, as evidenced by police records. The court deemed Rodelo's behavior concerning and not in the best interests of the children.
Judgment
The text outlines orders for an injunction restraining Mr Rodelo from removing the children from their mother's care or coming close to the mother's residence, school, or the children's activities without written permission. The orders also require Mr Rodelo to transfer $50,000 to the wife for property repairs, with reimbursement from the proceeds of sale. Ms Muir is granted permission to share the orders with specific individuals and institutions. Additionally, in the event Mr Rodelo cannot sign necessary documents, Ms Muir can approach the court registrar for execution. The publication of the judgment under pseudonyms has been approved.
Legislation
1.Australian Passports Act 2005 (Cth) s 11(1)(a).
2.Child Support (Assessment) Act 1989 (Cth) ss 4, 4(1), 4(2)(c), 98X, 99, 99(1), 116, 116(1), 116(1)(b), 116(1)(b)(i), 116(2), 117, 117(1)(a), 117(2), 117(2)(b), 117(2)(b)(ia), 117(2)(b)(ii), 117(4), 117(5), 117(5)(a), 123.
3.Evidence Act 1995 (Cth) s 140(2).
4.Family Law Act 1975 (Cth) ss 4AB, 4AB(1), 4AB(3), 60CA, 60CC, 60CC(2), 60CC(2)(a), 60CC(2)(b), 60CC(2A), 60CC(3), 60CC(3)(a), 60CC(3)(b), 60CC(3)(c), 60CC(3)(ca), 60CC(3)(e), 60CC(3)(f), 60CC(3)(i), 60CC(3)(k), 61DA(1), 61DA(2), 61DA(4), 65DAA, 68B, 68C, 75(2), 75(2)(a), 75(2)(b), 75(2)(c), 75(2)(d), 75(2)(e), 75(2)(na), 79, 79(2), 79(4), 79(4)(a), 79(4)(b), 79(4)(c), 79(4)(e), 79(4)(g), 102NA, 106A, 114, 117.
5.Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 25(1)(b), 50, 52, 149.
6.Federal Circuit and Family Court of Australia (Family Law) Rules 2021
7.(Cth) rr 1.12(6)(a)(i), 1.12(6)(a)(ii), 1.13, 1.13(1)(a), 1.13(4), 1.13(4)(c).

Valuable Law Firm's Insights for you

Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

What types of child custody arrangements are available in Australia?

The types of child custody arrangements available in Australia are joint custody, sole custody, shared custody, and split custody. 1.Joint custody means both parents share the legal and physical care of the child or children, and decisions about the child's upbringing are made jointly. 2.Sole custody means one parent has the legal and physical care of the child or children, and makes all the decisions about the child's upbringing. 3.Shared custody means both parents have significant and substantial time with the child or children, and both are responsible for making decisions about the child's upbringing. 4.Split custody means each parent has sole custody of at least one child.

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What happens if one parent wants to move away with the child?

If one parent wants to move away with the child, they must seek the other parent's consent or permission from the court

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How are child support payments calculated?

In Australia, child support is calculated using a formula that takes into account a number of factors, including 1. income of both parents: This formula takes into account the total income of both parents, including wages, salaries and self-employment income. 2. Care arrangements: The amount of time each parent spends caring for the child is also taken into account. 3.Number of children: The number of children for whom child support is calculated will affect the total amount of child support payable. 4.The age of the child: The age of the child will also affect the amount of child support payable. The child support agency will use a mathematical formula to determine the amount of child support payable. The formula takes into account the cost of raising the child and the financial ability of both parents. Child support payments will be calculated as a percentage of the paying parent's income, which will vary depending on the number of children involved and the care arrangements.

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Can child support be affected by child custody arrangements?

Child support can be affected by child custody arrangements, as the amount of time each parent spends with the child can affect their child support obligations.

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