Parental obligations to a child under 18

Parental obligations to a child under 18

Parental Obligations for under 18 Family Lawyer Sydney

Parental Obligations To A child Under 18 In Providing Financial Support

Parental Obligations for under 18 Family Lawyer SydneyLiving Arrangements & Financial Agreements

What are my rights about my parents providing me with accommodation and financial support? 

Your parents have a legal duty to care for you and support you until you are 18 years of age. This means they are required to provide you with food, clothing, shelter and basic necessities until this point. A failure to do so can constitute neglect and/or abuse depending on the severity of circumstances in your case. 

Your parents are required to provide you shelter until you are 18 years of age. However, this does not mean you have the right to mandate the type of accommodation you live in. Although, you can suggest ideas or express your preference the decision is ultimately within your parents’ sole discretion. 

Your parents’ obligations to support you and provide you with shelter terminates once you are 18 years of age and have become an adult. However, once you are over the age of 18 you may still be able to obtain financial support from your parents either by agreement or by Court order. In order to obtain a Court order in this regard you must satisfy the Court that maintenance is necessary:

  • To enable you to complete your education; or

 

  • Because you suffer from a mental or physical disability

In order to succeed in any such application, you must first prove that your parents have the capacity to pay maintenance. The Court will also take into consideration the following matters while considering your application:

  • Whether the nexus of dependence between you and your parents have ceased and the application amounts to a resurrection of that dependence

 

  • The time between initial cessation of dependence (if any) and the application

 

  • Other assistance, benefits or education which you have previously received

 

  • The likelihood and your ability to complete the course in question

 

  • Your financial capacity to maintain yourself to complete your education

For further information talk to one of our Family Lawyers today!

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