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adult child maintenance

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xianny View Drop Down
Newbie
Newbie


Joined: 22/September/2015
Location: Philippines
Posts: 35
  Quote xianny Quote  Post ReplyReply Direct Link To This Post Topic: adult child maintenance
    Posted: 04/February/2018 at 02:56
Hi...im back...to make a long story short, i now have a case with CSA and their assessment was AUD1700 a month...of course my EX will have none of that...he told me that its only a few more years before our son turns 18 and he will go to court to make our son decide with whom he wants to stay (again with underlying threats)...he immediately stopped working full time and his new wife (yes he got his divorced late 2016 and got married jan 2017 without me "harassing" him anymore) started supporting him -- paying bills, rent etc because my EX has to show CSA low income to avoid paying the assessed CS...when asked by CSA he said he has a mental case of depression...and they allowed him to pay only accdg to his income...started receiving only AUD400....i filed for CoA and again it was granted in my favor...CS went up to AUD1000...
And again, my EX counter applied saying that he has a new dependent child....now CS is somewhere around AUD800...

...because my son's CS is regular through CSA, that was fine with me as i am now able to provide my son ( special child with autism) with the necessary occupational therapy and reading and reading comprehension tutorial aside from his regular school...at 15years old he is still on 4th grade...his teachers in school met with me to discuss the possibility that my son will be delayed academically...this means he will still be in grade school or first year highschool when he reaches the age of 18 (that is presuming that he will be promoted every year and will not be repeating any grade level)...

i have had sleepless nights because of this as this means we only have 3 years to go with CS...i am still receiving a very small allowance from my volunteer job as office staff and we are staying with my aged parents...i discussed this with CSA and they told me that i should bring it up to them again when my son turns 17 years old....

since i was already a bit late applying for CS and depriving my son of what he deserves, i decide to read through on line what i can find about adult child maintenance...i learned that i can file for ADM considering my son's condition...however i need a court order to do that?...i am hoping someone here has gone through this and may be able to walk me through the process....we are in the philippines...is there a possibility we can get legal aid?...can CSA help?....please, i need your advise....i want everything to be ready when my son turns 17 so i will not be depriving him again...his needs and expenses are growing as he turns older...i have also recently enrolled him in a Life Skills school hoping that he will be able to live independently and find a job because it seems that one of the requirements is that we need to prove that my son is also trying to "earn"...i am hoping that this skills school will be able to help him...this is an expensive school but then i try to budget my son's CS so he can avail of this....i still have to wait for their evaluation if my son is showing improvement though...i want to prepare him for a future when i am no longer around to fight his battles for him...i am not getting any younger....

i hope someone can help me please....thank you....

smurfergirl View Drop Down
Senior Member
Senior Member


Joined: 18/August/2010
Location: Australia
Posts: 523
  Quote smurfergirl Quote  Post ReplyReply Direct Link To This Post Posted: 05/February/2018 at 14:08
Ignore what your ex is saying regarding taking you to Court and getting "custody" of your son when he turns 18 and forcing him to come to Australia, that ain't gonna happen.

Child support can only be extended until the last day of the school year in which your child turns 18, regardless of what form/grade he is in. You do need to contact Child Support before your son turns 18 to get the extension processed.

As for Adult Child Maintenance, you will need to talk to a lawyer within Australia, as the Courts may not be able to make an order for a person that permanently resides OS.

xianny View Drop Down
Newbie
Newbie


Joined: 22/September/2015
Location: Philippines
Posts: 35
  Quote xianny Quote  Post ReplyReply Direct Link To This Post Posted: 09/February/2018 at 04:12
Thank you smurfergirl...i was thinking that since my son has a disability, he will be extended...but i guess thats when adult child maintenance comes in...can we avail of legal aid so we can get an australian lawyer?

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