hi guys
Could anyone tell me how much it would cost my trogg to take me to court for a court order in continuing to pay maintenence after my son turns eighteen just in case he goes to university etc.??? and is there any defence that i can use to oppose this. I don't have access, the child has been alienated against me, and he even wants to change his name ect. Wants nothing to do with me.!!!!!!!!! I've had no avo's against me, clean criminal record etc. he turns eighteen soon.

She can apply to C$A to continue C$ for an Adult Student by using the "change of assessment in special circumstances". It would probably succeed.

If you disagree with their decision then you can "object" to the C$A, the appeal to the Social Security Appeals Tribunal then appeal to court.

Perhaps someone else can help you with possible grounds.

hi there
The way i read it is that the child support assesment act only covers children up to the age of 18, but i know that the ex can ask for child support to continue untill the last day of school if the child turns 18 in that year. what i'm talking about is after the child finnishes the hsc year then decides to go to uni or something, then she will need to use the provisions in the family law act. Which means she will need a court order for maintenence, or it could be that the child would need to apply, to the family court.

You haveposed a really interesting question there. I will definitely look into the process!

The other thing is, somebody said the laws have changed recently so that if you have no access, you no longer have to pay maintenance - I'm not sure if this is factual, or if it is relevant to your situation.

i hope so

OT a bit:

Earlier this week the young lady who comes in to teach our girl additional lessons told us she finished at uni last year. She had been there full time for three years and we were under the impression she was studying to become a music teacher.

Anyhow, earlier in the week she telephoned to confirm our lesson. She was in town and I said have you been for an interview down there, which school? She replied, no not really I will tell you more when I get up there.

After the lesson finished, I asked how the interview went. She said, oh I decided I didn't want to take the job, but only wanted to talk about it, so I went and meet the guy.
It was a waste to travel all that way as it only went for 15 minutes. I said why didn't you want the job? she said I have decided to do something else (non course related) and if that doesn't happen then I will go back to Uni to get my degree, its only another year of study..... I said what do you hope to do with that? Oh just get an office job....

I said to her, well I hope you have some sort of HECS fee now you have completed your time at Uni and are not using that education towards your career (a bit mean I know) and she said yes I do but not until I start work full time.
I said to her you could have started a desk job when you were 16 and out of the school certificate, with no debt, rather than go to Uni, take up a place, and then decide when you have completed your course that you don't want to use that education towards career advancement.


So here is a good example of someone who has continued on with their education, spent 3 years at uni, may go back for another year if she doesn't find something that "suits her" for a job., and it could well be your child's future too pb2505 if your ex' can keep the CS funds rolling in...

And our apprentice tells us this isn't a one off, most of his school friends are leaving uni this year and still have no idea of what they are going to do for work. they just went to uni so they could stay (and play) together.

The decision makers (and workers) of tomorrow?

Hi there guys

The csa legislation only covers children till the age of eighteen, after this the child is covered by the family law act in that adult child maintenence is to be paid if the child is in full time education, in other words if the child leaves school and goes to college etc - the mother or the child must apply to the family court for a continuance order, now I wonder how much this would cost them and as well the child has to prove that they are in fact dependant upon the father in order to pay. I don't have contact at all and the child has been alienated against me, I'm trying to build my case now so that i'm prepared for this just in case, as I strongly opose paying maint for him as an adult if he refuses to have anything to do with me. I would also add that statisticly, adult child maintenence accounts for less than 2% of cs collected in OZ, even though people regard this as common knoweledge, it is in fact a rare occurance to pay maintenence after 18. I have letter and e-mails etc from him stating that he has changed his name, I'm not his father, he hates me etc etc.

Hey pb2505

If the woman isn't working, she may be able to access legal aid, if this is so then it will cost very little. If she is not I suspect that it would be miuch the same as an initial court cost for the first court appearance aprox $ 20 000 if lawyers are involved. you may be able to narrow this down if you ring the courts, they would have a be able to tell you the fees required to lodge a claim and a possible time constraint, then take ring a lawyer to ask about fees.
This will allow both cost's, self repping or with lawyers.

I would hazard a guess that seeing he has disassociated himself from you and you have evidence that this is recently backed ie: teenage years that you may go down the path of PAS percecution. I f it does turn out that you have too pay any form of maintinance for the child then work towards that you pay services directley to do with his educcation and not monetery payments. Sighting that you believe the money mey be squanderd if not done this way.
If you request mediation and stogently express that you disagree but are willing to negotiate and that this is the only way you will pay any form of maintinance unless directed otherwise by a Judge, it may divert the whole senerio.

If no green can be seen, they may just put it in the too hard basket, this combined with the research on how much it will cost her. You may also want to check what other funding is availible to your child from the government and such and use these to further reduce financial committment.

I hope these few possiblities can help or at least have given you a different dirrection that may benefit yourself.

From our experience "the too hard basket" tends to end up with an assessment so far out of range of understanding that it beggars belief how they managed to come to the final decision in the first instance...

I would still be careful in anything income wise until at such point that one has received written confirmation that CS is closed off for said child. For good.

Expect the unexpected and you will never be surprised.

Statutory provision for Maintenance of an Adult Child


As a general principle, an order should not be made for the maintenance of an adult child. This is clear from the opening words of s.66(1) and(2). These subsections state:

(1) A court must not make a child maintenance order in relation to a child who is 18 or over unless the court is satisfied that the provision of the maintenance is necessary;

(a) to enable the child to complete his or her education; or
(b) because of a mental or physical disability of the child.

The court may make such a child maintenance order, in relation to a child who is 17, to take effect when or after the child turns 18.

(2) A court must not make a child maintenance order in relation to a child that extends beyond the day on which the child will turn 18 unless the court is satisfied that the provision of the maintenance beyond that day is necessary.

(a) to enable the child to complete his or her education; or
(b) because of a mental or physical disability of the child.

Notes
Education in this context means scholastic, apprenticeship or vocational and includes any training for a skill (Pilot).

Orders can be made against step parents.

See: In the marriage of Henderson and In the marriage of Campbell.