Applications for adult child maintenance

For legal aid to be granted for a child, parent or adult child to seek child maintenance, the following tests must be satisfied:

• The applicant meets the means test
• The applicant meets guideline 5 – child maintenance and child support
• The applicant has a certificate under section 60I of the Family Law Act 1975 in relation to the dispute
• The applicant meets the merits test
• The adult child is in full-time study or has a mental or physical disability
• The adult child requires financial support.

Documentary requirements

Application received from client

Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:

• a completed and signed Legal Aid Queensland application form
• proof of income and assets (refer to the means test).

Application received from preferred supplier or in-house practitioner

Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system attaching:

• proof of income and assets (refer to the means test).

The following documents are retained on file but may be requested by Legal Aid Queensland:

• a completed and signed Legal Aid Queensland application form.

Interpretation

Prospects of success

Applicants

Legal Aid Queensland may consider that a parent or adult child has prospects of success in obtaining a adult child maintenance application when:

• Child maintenance is required considering the income, earning capacity, property and financial resources of the child and parents, and
• It is reasonable that the respondent parent(s) contribute to the maintenance of the child having regard to their financial circumstances, and
• Either the adult child:
  • has a mental or physical disability, or
  • needs assistance to complete their full-time education (excluding completion of high-school).

Respondents

Legal Aid Queensland may consider that a respondent parenting to an application for adult child maintenance if there is evidence that adult child maintenance is not necessary due to the circumstances of the case or the respondent does not have capacity to pay adult child maintenance.

Allocation of a solicitor

Applications for adult child maintenance will be referred to the in-house family law team unless there is a conflict of interest.

Grant(s) of aid

The grant of aid to apply or response to court proceedings in the family law jurisdiction is CS9.

The grant of aid to apply or respond to proceedings in the Federal Circuit Court of Australia is CS7.

Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).