Greyson and Greyson

[2018] FCCA 718

FEDERAL CIRCUIT COURT OF AUSTRALIA

GREYSON & GREYSON [2018] FCCA 718

Catchwords:
FAMILY LAW – Adult child maintenance for child who has Down Syndrome and Autism - dispute over quantum.

Legislation:

Family Law Act 1975, ss.66K, 66L, 66B, 66C, 66J

Cases cited:

Everett & Everett [2014] FamCAFC 152

In the Marriage of Streets (1994) FLC 92-509
Smith: St James: Smith v Wickstein (1996) FLC 92-714
Mee & Ferguson (1986) FLC 91-716
Vick & Hartcher (1991) FLC 92-262

Applicant: MR GREYSON

Respondent: MS GREYSON

File Number: MLC 8527 of 2007

Judgment of: Judge Harland

Hearing date: 14 February 2018

Date of Last Submission: 14 February 2018

Delivered at: Melbourne

Delivered on: 28 March 2018

REPRESENTATION

The Applicant: Self-represented

Counsel for the Respondent: Mr Ambrose

Solicitors for the Respondent: Victoria Legal Aid

ORDERS

1. Pursuant to s.66L of the Family Law Act 1975 (Cth) the father pay to the mother sum of $400 per week for the child Ms C born on 1998 commencing on 7 April 2018.

2. The payment in paragraph 1 be adjusted annually by the Consumer Price Index for Melbourne the preceding financial year on 1 July each year.

IT IS NOTED that publication of this judgment under the pseudonym Greyson & Greyson is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 8527 of 2007

MR GREYSON

Applicant

And

MS GREYSON

Respondent

REASONS FOR JUDGMENT

1. The mother seeks an order that the father pay $400 in a week adult child maintenance for Ms C born 1998 (“Ms C”), who is 19 years old. The mother also seeks that this amount be adjusted each year for the Consumer Price Index.

2. The father agrees that he should pay maintenance for Ms C but argues that the mother has not established that Ms C needs the level of support the mother seeks. He proposes that he pay $500 a month.

3. The parties were married on 1990 and separated on 2 March 2002. They have three children. Mr A aged 24, Ms C aged 19 and [X] aged 17. The first set of proceedings were commenced in 2002 and were transferred to the Family Court of Australia. There were further proceedings in 2005, 2008, 2009, 2014 and 2015. The parties divorced and property orders were made in 2005. The father started the current round of proceedings on 12 September 2016 seeking parenting orders with respect to [X] and Ms C. The mother filed a response on 9 February 2017 seeking interim and a final adult child maintenance order for Ms C.

4. At the beginning of the hearing, I raised with the parties the fact that it appeared from the material both had filed that the fact that Ms C is in need of maintenance by reason of her disability was not in dispute.  The issue in dispute was the quantum that the respondent should pay. During closing submissions, the husband sought to raise it as an issue for the first time. The wife’s…