disabled grown up children

two children from 27 year marraige both registered disabled both live with me stbx earns 30,000 i earn 20,000 should stbx be paying maintenence for our grown up children? HELP

Very hard this 1, not too sure of this area of law my 9 year old is regiestered disabled and the barrrister said in court last month that the ex only had to pay for him til he was 18, i dunno what happens if my child can not really make enough money to live suppose i will be liable for the rest of my days took the 2 of us to create him and 1 to support him.

The CSA do not appear to have any special provision for calculating child support in excess of usual qualifying ages even if they are Adult children, who are disabled.

However, adult children who are disabled, are still taken into account when determining any spousal maintenance.

I do not know what other aspects of law they are considered for.


Quote from www.familylawcourts.gov.au/wps/wcm/conne...Spousal+maintenance/

What does a court consider?
Spousal maintenance is not automatic. In deciding a maintenance application, a court considers the needs of an applicant and the respondent's capacity to pay. A court considers the following about both of you:

your age and health
your income, property, and financial resources
your ability to work
what is a suitable standard of living,
if the marriage has affected your ability to earn an income.
A court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.

The CSA do not appear to have any special provision for calculating child support in excess of usual qualifying ages even if they are Adult children, who are disabled.

However, adult children who are disabled, are still taken into account when determining any spousal maintenance.

I do not know what other aspects of law they are considered for.


Quote from www.familylawcourts.gov.au/wps/wcm/conne...Spousal+maintenance/

What does a court consider?
Spousal maintenance is not automatic. In deciding a maintenance application, a court considers the needs of an applicant and the respondent's capacity to pay. A court considers the following about both of you:

your age and health
your income, property, and financial resources
your ability to work
what is a suitable standard of living,
if the marriage has affected your ability to earn an income.
A court also takes into account with whom the children (under 18 years of age or adult children who are disabled) live.

It all depends on all the overall picture and DLA, carers allowance etc for adult children who are disabled are factors which need to be considered along with all the circumstances.

There was a fairly recent case when under schedule 1 Children Act 1989 maintenance was awarded for a young adult suffering disability or learning difficulties. Also, apart from SM a Martin order may allow a carer and adult child to remain in the FMH until a "trigger" event occurs. It works like a Mesher except longer term.