Child maintenance may continue after divorce when a child reaches adulthood and studies. The assessment looks at study progress, suitability, income and actual need.
Under section 231 ABGB, the duty does not end solely on the eighteenth birthday. Recent Supreme Court case law recorded in RIS stresses that age alone is not decisive; average study duration and purposeful progress also matter.
This article focuses on evidence for adult children and practical coordination between the parents.
What should be assessed for a degree course?
The short check separates the next useful steps.
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What should be assessed for a degree course?
Choose the situation closest to your case. The check is not an individual legal assessment.
Overview of all answers.
Document study and finances
Prepare enrolment, results, timetable, income and actual costs. The amount is not derived from age alone.
Review the transition and self-support
Where there is work, a course change or completed training, prepare a timeline and assess purposeful progress.
Adulthood does not automatically end the duty
The duty depends on self-support. A suitable course pursued seriously can postpone self-support. The concrete development is decisive.
After adulthood communication often becomes harder because the child is the claimant. Payments, evidence and arrangements should therefore remain traceable.
Progress and average duration
In 2025 the Supreme Court stated that age alone cannot decide self-support. Study progress and average duration are relevant.
A change of course may be justified, but the previous path and the new training need to be explained. An unexplained termination can change the assessment.
Own income and need
Scholarships, employment income, family benefits and regular payments should be listed. Several monthly records help where income fluctuates.
Need may include reasonable housing, education, travel, health insurance and daily costs. Unsupported lump sums often create avoidable disputes.
What parents should coordinate after divorce
Divorce does not automatically change the child’s maintenance basis. It may, however, make information and payment practice harder.
Agree in writing who pays what, how often evidence is provided and how changes are reported.
Next steps
Create a monthly overview of study status, income and need. Add a timeline of school completion, studies, changes and employment.
A lawyer can then assess whether maintenance continues, should be adjusted or needs a new calculation.
Areas of assessment
Age alone does not answer the question.
| Studies | Own income | Change of course | |
|---|---|---|---|
| Main question | Purposeful progress? | Which means are available? | Why and when was the change made? |
| Evidence | Enrolment, results | Payslips, scholarship, payments | Timeline and study plan |
| Risk | Looking only at age | Omitting income | Assessing change in the abstract |
The table does not replace a review of the actual documents.
Three steps to a focused review
Organise the facts first, then the legal question.
Map the status
Place study, training or work on a timeline.
Evidence the figures
Document income and reasonable need.
Coordinate payment
Record amount, evidence and adjustments.