when your child turns 18, and you have a child support assessment
A Child Support Assessments are usually fixed according to the Child Support Period. However in case, the education of the Child is involved, the Child Support Assessment can be validly and legally extended.
The Guardian, Carer or person who is in charge in the rearing of the child who is entitled to Child Support can apply to extend the child support assessment. He must apply for an extension until the last day of the school year if that day falls on the 365 days of the 18th birthday of the child. Another condition is that the child must be in full-time secondary education on his 18th birthday.
In cases where the assessment is based on a Child Support Agreement made before the 18th birthday of the child, and it clearly stipulates that it will still be in effect even beyond the 18th birthday, the Guardian/Carer of the child can apply for its extension based on the agreement until the last day of the school year.
The application can be made either orally or in writing. It should provide the Full Name of the Child, School of the Child, whether the child is a full time secondary pupil on his 18th birthday, the date of the last day of the School Year and in case the extension is based on a child support agreement, the application must be made in writing, signed by both parents. The Guardian/Carer alone can file if the agreement explicitly states that the support will extend even if the child turns 18.
The application can be filed even after the child turns 17 years old and before his 18th birthday. The application must be made before the Registrar who will make the decision. The Registrar is bound to accept the application upon showing of the Guardian/Carer that: the child turned 17; the assessment is in effect at the 18th birthday of the child; the child will be in full-time secondary education when he turns 18; and the application was made before the 18th birthday of the child.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.