Family Law: The difference between child support and child maintenance

If there is one thing the legal profession is (sadly!) renowned for, it is lots of complicated jargon. Words which describe slightly different principles and situations in a way which is often confusing. Well, we would like to break down an example of this for you today: child support vs child maintenance. Are they the same thing? If not, how are they different and which one is best for my circumstances? All these questions are answered below to ensure that you are equipped to fully understand the financial implications of your family law separation in the context of children and child support.

 The similarities…

Both child support and child maintenance share the same foundational principle – parties who separate as husband and wife still retain their duties as mother and father to any shared children. This includes providing financial support so that the child/children can have the best quality of life. In this way, separation simply redefines the relationship between parties rather than erasing it altogether.

 The differences…

Child support is paid for children of the relationship under the age of 18 whereas child maintenance is paid for dependent children over the age of 18. For this reason, child support is more common than child maintenance. The most common reason for an order for child maintenance to be made is that the child in question has a serious physical or mental disability which renders them dependent on one parent more than the other parent for care and financial support. Like with child support, the existence of a child maintenance order will impact the amount of Family Tax Benefit support you may receive so it is required that you disclose any existing orders to Centrelink.

 For most families, child support administered through the Child Support Agency will be the most efficient and effective means for ensuring both parents contribute to the financial support of their children even if a relationship no longer exists between them. Nonetheless, child maintenance is a very important financial resource for parents caring for adult children with a disability and should therefore not be confused with child support.

 If you have a family law matter, concerns about your financial situation post-separation or questions about family law and want to find out more, please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

This article is provided to the reader for general information. It is not legal advice. It was written by Emily Graham & Andrea Spencer and edited by James Frank.

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Family law, Separation, Financial considerations, financial impact, child support, children