• Areas of Law
    • Business Law
      • Building & Construction Law
      • Business & Commercial Leases
      • Buying or Selling a Business
      • Franchise
      • Other Business Agreements and Advice
    • Property & Conveyancing
      • Conveyancing – Buying a Property
      • Conveyancing – Selling a Property
    • Criminal Law
      • Assault Offences
      • Apprehended Violence Orders (AVO)
      • Affray and Riot
      • Drug Offences
      • Sexual Offences
      • Firearms & Weapons Offences
    • Debt Recovery & Litigation
      • Bankruptcy
      • Corporate Insolvency
      • Litigation & Commercial Disputes
      • Mercantile and Debt Collection Agencies
      • Small Claims Debt Recovery
    • Family Lawyers
      • Child Custody
      • Property Settlement
      • De Facto Relationships
      • Divorce
      • Family Violence & AVOs
    • Traffic Law
      • Drink Driving
      • Drug Driving
      • Licence Appeals and Habitual Offender Declarations
      • Unlicensed Driving
      • Negligent, Reckless & Dangerous Driving
    • Wills & Estates
      • Defending or Contesting a Will
      • Guardianship
      • Power of Attorney
      • Probate
      • Wills
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
  • About us
  • Areas of Law
    • Business Law
    • Property & Conveyancing
    • Criminal Law
    • Debt Recovery & Litigation
    • Family Lawyers
    • Traffic Law
    • Wills & Estates
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
  • About us
1800 529 529 Free Case Evaluation

Family Law

Services

  • Child Custody
  • De Facto Relationships
  • Divorce
  • Family Violence & AVOs
  • Property Settlement

Locations

  • Family Lawyers Sydney CBD
  • Family Lawyers Chatswood
  • Family Lawyers Parramatta
  • Family Lawyers Sutherland
  • Family Lawyers Wollongong
< Back to Child Custody

Child Maintenance

A Child Maintenance Order is a type of Parenting Order made under the Family Law Act 1975 that deals with the financial maintenance of a child (s64B(5) of the Family Law Act 1975). An application for Child Maintenance Orders is not only confined to the parents of the child. Section 66F of the Family Law Act 1975 outlines who is able to apply for such Orders. These parties include: 

– Either or both of the parents of the child

– The child 

– The grandparents of the child

– Any other person concerned with the care, welfare or development of the child 

Parents of the child include biological parents, adoptive parents, parents of children artificially conceived and parents of children born under surrogacy arrangements.

Child Maintenance Orders should not be confused with child support under the Child Support (Assessment) Act 1989. A Court is not to make a Child Maintenance Order if an application could be properly made under the Child Support (Assessment) Act 1989. Under section 66E of the Family Law Act 1975, a Court is not to make a Child Maintenance Order if a child support assessment could properly be made by the Department of Human Services (“the DHS”) (formerly known as the Child Support Agency). As the DHS only started regulating child support in 1989 (and therefore child support assessments under this new regime would not apply to children who were born prior to and whose parents separated before 1 October 1989), the practical effect of section 66E of the Act is that the majority of child maintenance matters, especially where the child is under the age of eighteen (18) years, will be dealt with by the DHS. 

There are strict legal requirements for applying for a Child Maintenance Order under the Australian Family Law jurisdiction. These requirements are different to applying for a child support assessment from the DHS under the Child Support (Assessment) Act 1989. When applying for a Child Maintenance Order, the Court is required to consider the financial support necessary for the maintenance of the child, and determine the financial contributions that should be made by a party towards this financial support (s66H of the Family Law Act 1975). 

In considering the financial support necessary for the maintenance of a child, the Court must take into account the proper needs of the child having regard to the age of the child; the manner in which the child is being, and in which the parents expect the child to be educated or trained; and any special needs of the child. The Court must also take into account the income, earning capacity, property and financial resources of the child (s66J of the Family Law Act 1975).

In determining the contribution that should be made by each party, the Court must take into account the income, earning capacity, property and financial resources of each party, the commitments of each party that are necessary to enable the parties to support themselves or any other child or another person that the person has a duty to maintain, and the direct and indirect costs incurred (s66K of the Family Law Act 1975). 

Child Maintenance Orders cease to exist when the child turns 18 years (s66T of the Family Law Act 1975), dies (s66U of the Family Law Act 1975), or is adopted, marries, or enters into a de facto relationship (s66V of the Family Law Act 1975); however, a Court can make a Child Maintenance Order in limited circumstances for children over the age of 18 years. 

Child Maintenance Orders can apply to children over the age of 18 years, provided that the Court is satisfied that it is necessary to enable the child to complete his/her education or because of a mental or physical disability of the child and provided that the Order is expressed to continue in force after the child turns 18 years (s66L of the Family Law Act 1975). The Court can make a Child Maintenance Order that is to take effect when or after the child turns 18. In these circumstances the Order will only stop being in force if there is a change of circumstances; that is, if the child dies, ceases that education, or ceases to have that disability (s66VA of the Family Law Act 1975), or is adopted, marries or enters into a de facto relationship (s66V of the Family Law Act 1975).

If you require assistance with a child custody dispute, obtaining parenting orders or child maintenance orders, our experts at Prime Lawyers – Family Law Division can help. Contact us to make an appointment with one of our family law solicitors at your nearest Prime Lawyers office.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.

Share / Print

Click to View our Testimonials

Click now to make an enquiry or get a free case evaluation.

Make Contact

  • Free Case Evaluation
  • Costs
Type of Enquiry*

*Required Fields

Tell us about your legal matter so we can provide you with a no obligation quote or details of our costs to help you.

*Required Fields

If you would prefer to talk, call us on 1800 529 529

  • Areas of Law
    • Estates
    • Family
    • Criminal
    • Traffic
    • Property & Conveyancing
    • Debt
    • Business
  • Our People
  • Results
  • Knowledge Centre
  • Join Prime
  • Locations
  • About Us

@PrimeLawyers This is twitter:

  • Prime Lawyers will be closed for the Christmas break from 4:00pm 23 December 2020 and will reopen 8:30am Monday 11… https://t.co/uFrr02jaeS58 days ago

@PrimeLawyers

Prime Lawyers

Make an Enquiry

Costs

Free Case Evaluation