Adult Child Maintenance is a payment that can be made from one person to another for the support of a child in limited circumstances. It is similar to child support which is often payable until a child turns 18 years of age, but for those with children who continue in full time study or live with a disability.
Where a child has a mental or physical disability, or is studying full-time education, an eligible person (applicant) may apply for a maintenance payment from an individual (respondent), to continue past the child’s 18th birthday.
An order for adult child maintenance may be made where the applicant can show there is a need for continued support, and that the respondent has capacity to make the ongoing payments.
Sometimes you just want to know whether you need legal advice or not regarding your adult child.
We offer a 15 minute free discovery call to see whether our service can assist you.
You can book online or by email or phone.
If you are ready for an advice session, let's book a time to meet.
Our initial consultation is a two-hour session which we can conduct either in person at our Buderim office, via Zoom or by phone, whichever suits you.
During this session we will obtain background information from you, explore more about your circumstances and provide you with preliminary advice.
Now that we know you need advice, let's get a file open for you.
We will now take your full instructions and advise you in conference and in writing.
We will also make contact with the other party or their legal representative and either give notice of your claim or respond to their claim.
In order to provide you with ongoing advice we will engage in correspondence and disclosure with the other party.
If an agreement is reached, we will make it official and binding by drafting your agreement, advising you and corresponding with the other party to settle the matter.
We will engage in ongoing correspondence with you and the other party to try and settle your matter at the earliest possible time.
If an agreement cannot be reached we will engage in next steps and move the matter to a formal dispute resolution process of mediation.
At this stage you can choose to either attend mediation alone or with us representing you. The choice is yours.
We will prepare your matter for mediation, advise you, attend mediation and if an agreement is reached draft your agreement so that it is binding.
If attempts to resolve the matter at an early stage have not been successful the matter might progress to Court.
We will continue to advise you, correspond with the other party, and either draft your Court Application, Orders sought and other required Court Documents or respond to the other parties Application.
We will attend the first Court date with you and continue to negotiate your matter.
Once the Application is filed or responded to, we will continue with our efforts to resolve your dispute.
If your matter reaches the stage of a conciliation conference at Court, we can attend with you and represent you at the Conference.
If an agreement is reached, we will draft Court Orders so that it is binding.
If the matter remains unresolved we will push for Interim Orders or resist them being made.
We will then attend judgment delivery to obtain the Interim Orders made.
Not included:
Counsel (Barrister) fees at cost - estimate $3,300/day plus preparation at hourly rate.
Disbursements including filing fees additional (see FCFCOA website for fee schedule) - some exemptions apply
Following Interim Hearing, if your matter is headed for a Trial, we will attend the compliance and readiness hearing and comply with Court requirements to ensure your matter is compliant.
If your matter requires a trial, we will represent you, brief Counsel, prepare Court material and comply with all Court requirements to ensure your matter is ready for determination by a Judge.
Most Adult Child Maintenance matters only require one day for trial. If your matter is more complex we will provide you with an additional fixed fee.
Not included:
Counsel (Barrister) fees at cost - estimate $3,300/day.
Disbursements including hearing fees additional (at cost) - some exemptions apply
The fee information provided above is a simplified explanation of our fee structure so that potential clients of ACM Legal can make early decisions about potential legal costs. When a client engages ACM Legal we send them a comprehensive client agreement with detailed legal costings explained. Some of the fee stages above may not apply. There may be additional costs for different matters. The information above should be used as a guide only, not a quote or contracted advice about legal fees. Each of the above fees are stages of a matter. Payment is required before the next stage commences. Should your matter progress, the fees for the next stage will apply. The fees above do not include court filing fees, mediator fees, barrister fees, expert fees, service provider fees, travel fees or other matter disbursements/outgoings, which are all in addition to ACM Legal fees. For accurate and detailed information about what fees will apply in your matter, contact ACM Legal.