adult child maintenence

[grubindi]

how many here agree with the adc it is when a child who is being supported by child support finishes school and then if they have the money can go to court to see if the judge will reccomend that the paying parent has to pay any adult child maintence to support them through college etc
this applies to people from 18 to 28

i personally do not agree as if they want to go to uni etc they get a hecs like everyone else and start taking responsibilty of being an adult and stop leeching of their paying parents.iykwim

[kelmagic]

i believe that once a child reaches the age of 18 or leaves school then they should have to fend for themselves, I also think that all child maintencence should go into a secure bank account and be used for what it is supposed to, not by single parents to put new kitchens in there houses or go on a holiday it is supposed to be for the childs education and the childs needs, to many parents are taking advantage of the hard working people who have to pay the money

[Alatariel]

I think its a **** idea, same as the gov. not paying Austudy to an adult under 25 who wants to study but *could* be living at home with their folks and their folks make too much money.

[SassyMummy]

I really think it depends.

My parents are divorced, and as we got older, Dad had to pay less and less...so he did. My mother ended up paying for most things we needed...with no help from my father.

If they were together, my father would have paid, but because they weren't, he didn't feel that he had to.

IMO, if ONE parent has to pay for stuff for the kid, then the other parent should also contribute.

When I turned 18, I was studying, but not at university. I was studying at TAFE, full-time. Because it was a TAFE course, there was no "HECS" scheme...and so my mother paid for the course. Me doing that course meant that I could have better job opportunities...if I had just been left to fend for myself because I was 18, I wouldn't have had anything at all. I would have had to gotten a job, paid for living expenses, gotten a car, etc etc...how on earth would I have been able to pay for my study as well?

Becomming 18 doesn't instantly mean you're ready to be completely self-reliant...in fact, in most states an 18-year-old is doing Year 12. It's a bit rich to expect a Year 12 student to rely only on themselves and not their parents.

[Angelmist♥]

i personally do not agree as if they want to go to uni etc they get a hecs like everyone else and start taking responsibilty of being an adult and stop leeching of their paying parents.iykwim

So you won't be paying anything towards your child/children's education??


i believe that once a child reaches the age of 18 or leaves school then they should have to fend for themselves, I also think that all child maintencence should go into a secure bank account and be used for what it is supposed to, not by single parents to put new kitchens in there houses or go on a holiday it is supposed to be for the childs education and the childs needs, to many parents are taking advantage of the hard working people who have to pay the money

Whilst I definitely agree that child support payments should be for the children, the CSA actually states that the amount of payments is determined to keep the children in the same lifestyle they would lead if they were to be still with paying parent IYKWIM. So for example if you have a deadbeat Dad you get bugger all,if you have a wealthy Dad you get bucketloads.

[grubindi]

So you won't be paying anything towards your child/children's education??
yes i support my children 100 percent
i am not sitting back getting heaps of money that isnt earnt by myself (dh ex is sitting back on clink and has been for 11 years and her hubby is also a dole bludger and she gets bucket loads of cs for a kid dh doesnt see and the money is not being spent on the kid. i am the tyoe of person that instills morales in my children to better themselves not like her who will grow up and leech off others as that is all she has known

Whilst I definitely agree that child support payments should be for the children, the CSA actually states that the amount of payments is determined to keep the children in the same lifestyle they would lead if they were to be still with paying parent IYKWIM. So for example if you have a deadbeat Dad you get bugger all,if you have a wealthy Dad you get bucketloads.

i do not agree my dh has an 11 year old and when he left she was only 2 months old he was earning sfa and since being with me he is earning ****loads so therefore my children are entitled to the majority of his money and she therefore is entitled only to a percentage of what he was earning if he was still interstate.

[grubindi]

also csa is supposed to be half of each parents responsibilty so where are hers. oh thats right tax payers have to pay that the good hard working aussies

[kelmagic]

i have to pay cs for my dd, and I know for a fact that her dead beat father is not spending it on her,but what can i do, i earn really good money and I have three othere children who dont get half the amount spent on them as I have to spend on her, I know I am responsible for part of her maintenence ,but why should she be getting more that what my other children get, the government worked the scheme out all wrong and it is the tax payers like myself who earn a good living who are being penalised excpecially when he never lets me see her and if i do it is my responsiblity to go and get her as he never has any money, if he has a new partner than my monet should be 1/2. im not supporting every bloody person.

[Angelmist♥]

I just found this on the CSA website here. (http://www.csa.gov.au/guide/1_3_1.htm)


The particular objects of the Assessment Act include:

that the level of financial support is provided in accordance with the parents' capacity to provide financial support. Parents with a like capacity should provide like amounts
that the level of support should be determined by legislatively fixed standards
that carers should be able to have the amount of financial support assessed without the need for court proceedings
that children share in changes in the standard of living of both of their parents, whether or not they live with both or either of them, and
that Australia is in a position to give effect to its obligations under international agreements or arrangements which relate to maintenance obligations arising from a family relationship, parentage or marriage.

I do agree with you guys that something drastic has to be done to the CSA's legislation.Some of it has me absolutely dumbstruck!!I just wanted to point out that if one parent pays, why shouldn't the other parent have to help out with school fee's??

[grubindi]

I just found this on the CSA website here. (http://www.csa.gov.au/guide/1_3_1.htm)



I do agree with you guys that something drastic has to be done to the CSA's legislation.Some of it has me absolutely dumbstruck!!I just wanted to point out that if one parent pays, why shouldn't the other parent have to help out with school fee's??
not when she goes to a public school and gets fee relief as she cries poor but they recieve 2280 per fortnight from centrelink and the army pension and then 257 per week in cs payments.they should set up a system for the csa to put the money paid into a seperate account and get issued with a card debit card so that it can only be accessed to use money on the 1 childs expenses or however many kids there are that way the payer gets sent a copy of the transactions each month to see how much is in credit still and how much has been spent on the child, this way the payers who are trying to get the amount dropped can say ok well there is all this money sitting here not going on the child so it is only costing x amount to support the child or children.therefore it gets dropped to that amount.if i wasnt with my dh (we have 4 kiddies) he would have to pay me 524 per week in cs and she would only recieve 56 a week so yes i can see how a lot of people out there say it is unfair especially if you dont see the child because of the mothers own insecurities.

[WeThree]

Can this thread stay about adult child support payments please, thanks.

[jones02]

my husband at the beginning of this yr was paying $180per week for his 2 children, then in jan the oldest moved in with us when my husband tried to get child support for the oldest he was told the mother did not have to pay because she was on the pension, but is my husband lost his job and went on the dole he would have to pay $7 a week. we were later told by child support that the mother had gone mental when she had been told by them that she would have to pay $5 a week, so child support went out of their way to get her out of it, even going has far has saying there was only one child when my husband was still paying for the other child. the way it is set up is just not working it is just set up so the parent paying the money is the only one doing something l know that there are men out there not doing anything but what about the ones who are they get the same treatment and that is what is wrong. here the mother lied to get out of paying $5 a week for her child it seems that when the child lived at home my husband had to support the child but the mother does not have to pay nothing, how is this right.

[Crazyfamily]

Well, I have a teenager now wht just may go to uni as she is almost a straight A student and may decide to further her education. Although I know she could get a part time job, I also would like to help her pay and I believe her father should also. The only way my ex would do that is if he is made to by the csa. So, yeah I think it should definately be an option. I think it is our responsibility as parents to pay for our childrens education.

[grubindi]

but what about the 25 year olds etc thatt are too lazy to get any jobs and sponge of their parents? i know for a fact that when my dh csa case is 18 he will not pay anymore and with the envir she lives in she wont be able to afford to go to court and if there is any talk of it he will cease work immediately and i will then return to full time work therefore making him my dependent and legally having to pay 0

[sam's mum]

I don't think that it is about the 25 year old spongers. It is about being legally an adult, but still in full time education, and whether you can depend on your parents to help support you while you are in full-time education. I think that both parents should help out while you are still studying full time. Of course the money is not going to other parent anymore, and could be straight to the child, or the uni, or the bookshop, or for equipment, or accomodation.....

[grubindi]

I don't think that it is about the 25 year old spongers. It is about being legally an adult, but still in full time education, and whether you can depend on your parents to help support you while you are in full-time education. I think that both parents should help out while you are still studying full time. Of course the money is not going to other parent anymore, and could be straight to the child, or the uni, or the bookshop, or for equipment, or accomodation.....


sorry to advise you but yes it still does go to the other parent and legally is allowed to

[sam's mum]

I meant to say that it didn't have to. As the child is now over 18 and not in secondary education you can do it differently. The exception is if there is a court order in place.

[grubindi]

[/URL]Adult children
A child support assessment for a child ends if the child turns 18 years of age unless the payee applies for an extension of [U]child support to the end of that school year when the child is still a full-time secondary student (http://www.bubhub.com.au/community/forums/) (section 151B). It is not necessary for a payee to apply for a change to their child support assessment.
A parent does not automatically have a legal duty to maintain a child over 18 years of age. A court can make an order for the maintenance of an adult child if it can be established that maintenance is necessary to enable the child to complete their education or because of a mental or physical incapacity (section 66L Family Law Act). A parent must be able to show that they have a legal duty to maintain an adult child before an assessment can be changed. If CSA is satisfied that the child meets the criteria set out in section 66L a reason can be established even if an order has not been made (Bienke v Bienke-Robson (1997) FLC 92-786).
CSA may recommend that an application be made to a court having jurisdiction under the Assessment Act (section 98E) in cases where it is too complicated to determine whether the 'adult' child is continuing education or whether they have a mental or physical incapacity. However, in most cases, CSA will be able to make a finding on the basis of evidence supplied by the applicant and respondent.
When deciding if a parent has a legal duty to maintain another child over 18 years who is proposing to undertake tertiary education, CSA may consider (Cosgrove v Cosgrove (1996) FLC 92-700):

whether the child's dependence upon its parents had ceased and the application amounts to a reinstatement of that dependence,
the period between the initial cessation of dependence (if any) and the application,
whether the child had completed the course of education intended by the parents to outfit them for employment sufficient to support the child,
other assistance, benefits or education which the child has received,
the ability of the child to complete the course in question,
the likelihood of the child completing the course in question,
the financial capacity of the child to maintain himself or herself to the completion of the education,
the financial circumstances of those responsible for the support of the child (generally the parents),
the filial relationship between the child and the person from whom maintenance is sought.yes it does still go to the payee unless it is paid directly to the uni etc .

last point finally a system (court) where they take into count the amount of contact between a payee and the child so in hindsight a payee who has sfa contact with the child will not be forced to pay acm. finally.