If the parties were not married, an application may be made to the Family Court or Magistrates' Court (state or federal) for an order that the father of the child pay childbirth expenses (s.67B Family Law Act 1975 (Cth) ("FLA")). An application must be made within 12 months after the birth or later with leave of the court (s.67G). Generally, expenses are calculated after rebates have been received from private health insurance and Medicare. The courts cannot take into account any income received by the mother if it is a means tested allowance or a benefit from Centrelink (s.67C(3)).

Spousal maintenance is financial support paid by a person to a former husband or wife. If the parties divorce, an application for spousal maintenance must be made within 12 months of the divorce order taking effect.

The court may extend the time limit if satisfied that hardship would be caused to a party or a child if leave is not granted, and there was good reason to explain the delay. The court will also grant leave if a party could not, at the end of 12 months after the divorce, support themselves without a pension, benefit or allowance (s.44(3) & (4)). This time limit does not include an application to vary an earlier order.

A party to a marriage is responsible for maintaining the other party if:

In making an order for maintenance, the court takes into account the matters referred to in section 75(2).

Eligibility for a pension is not relevant in maintenance proceedings: section 75(3) of FLA specifically states the court shall disregard any such entitlement.

There are two ways a person can get financial support for a child over 18.

If a child turns 18 while they are in full-time secondary education and there is a child support assessment in place, you can apply to the Child Support Agency (CSA) to extend the assessment. An extension will continue until the last day of that school year. The application to the CSA must be made before the child turns 18, unless there are exceptional circumstances (s.151B Child Support (Assessment) Act 1989 (Cth) ("Assessment Act")). To apply, contact the CSA on 13 12 72 or go to the CSA website at www.csa.gov.au.

In all other cases, the Magistrates' Court (state or federal) can make an order for maintenance, where the maintenance is necessary:

An order may be made for a 17-year-old child that begins when the child turns 18 (s.66L FLA).

The order stops if the child ceases their education or ceases to have that disability. The person receiving payments must notify the paying parent of the change in circumstances (s.66VA).