I heard recently about new statics which show that children are staying in the family home for longer periods – often into their mid to late twenties.

They are often studying or trying to find work which means that they remain either fully or partially financially independent.

This changing phenomenon has not been adequately recognised in the family law system when parents separate. Our formal child support system is outdated, antiquated and in urgent need of reform.

Child support payments under the current scheme stop when children reach 18 years of age or finish Year 12. The Child Support Agency uses a formula to work out how child support should be paid and the amounts are almost invariably too low and simply insufficient to properly meet the costs of caring for children.

The problem then becomes worse after Year 12 when children continue to live at home. The parents are pretty much left to work things out for themselves despite the fact that there is no real difference between a Year 12 student living at home and a first year university student living at home.

Here at BC we always encourage parents to work our financial support arrangements for children for whatever time those children are living at home and financially dependent. The entire child support system needs to be overhauled and updated. In the meantime, we need to work within this system but we can facilitate parents reaching constructive agreements around financial support arrangements for children which cater to their needs and produce fairer and better outcomes for families.

By Anthony Cinque, Lawyer - Bayside Collaborative – Separation Specialists

How Do We Support Our Kids?