Maintenance for Child Over 18 in South Africa

The law says that a parent can be ordered to maintain a child over 18 in South Africa in limited circumstances. The general rule is that maintenance ends when the child turns 18, becomes self-supporting, or gets married. The exceptions are where the child is still in secondary school at 18, is studying at a tertiary institution and the parents agreed to support those studies, or is unable to support themselves for reasons beyond their control.

This page explains the rules for maintenance beyond 18, the exceptions, and how to apply for an extension. If you need help with a maintenance matter, our Sandton-based Family Law team can assist.

What the law says about maintenance beyond 18

The Maintenance Act 99 of 1998 and the Children’s Act 38 of 2005 set the general rule that a parent is liable to maintain a child until the child turns 18, becomes self-supporting, or gets married. The order typically ends at the earliest of those three events.

The rule is not strict. The court has the discretion to extend the order where the facts of the matter justify it, and the order is reviewed on a variation application. The court will weigh the actual facts of the matter against the parents’ other obligations.

When the court can extend the order

The court has the discretion to extend the maintenance order beyond 18 in the following circumstances, which are listed in the order they usually appear in practice.

• The child is still in secondary school at 18 and the parent agreed to support the studies.
• The child is studying at a tertiary institution and the parent agreed to support those studies.
• The child is unable to support themselves for reasons beyond their control, including a disability or a chronic illness.
• The child is in a registered apprenticeship or learnership and the parent agreed to support the training.

Secondary school students

The Children’s Act and the Maintenance Act together recognise that a child who is still in secondary school at 18 has not yet had the opportunity to complete their basic education. The court will usually extend the order until the child finishes that grade, and in some cases until the child finishes matric.

The court will look at the actual facts of the matter, including the child’s age, the child’s progress at school, and the parents’ ability to pay. The extension is not automatic, and the child must apply for it.

Tertiary students

The position on tertiary students is more nuanced. The court has the discretion to extend the order where the child is studying at a tertiary institution and the parents agreed to support those studies. The strongest cases are those where the agreement is in writing, or where the parents made a commitment to pay for the studies.

Where there is no written agreement, the court will look at the conversations, the WhatsApp messages, and the conduct of the parents. A parent who paid for the first year of studies is in a weaker position to argue that the obligation ended before the second year.

Children who are unable to support themselves

The court has the discretion to extend the order where the child is unable to support themselves for reasons beyond their control. The most common situations are listed below in the order they usually appear in practice.

• The child has a disability that prevents them from working.
• The child has a chronic illness that prevents them from working.
• The child has a mental health condition that prevents them from working.
• The child is the primary caregiver of a younger sibling or a parent.

How to apply for an extension

The child can apply to the maintenance court for an extension of the order after they turn 18. The application is the same as for a parent, with the same supporting documents. The clerk of the court will assist with the paperwork.

The court will consider the actual facts of the matter, including the child’s education, the parent’s income, and the parents’ other obligations. The strongest cases are those where the parent agreed to support the studies in writing, or where the child is unable to support themselves for reasons beyond their control.

Common Mistakes to Avoid

These are the patterns that derail an application.

• Assuming the order ends automatically at 18. The parent must apply to end the order, and the order continues until the court says otherwise.
• Assuming the parent is liable beyond 18. The general rule is that maintenance ends at 18, and a fresh application is needed.
• Failing to evidence the agreement. The court will weigh the evidence of the agreement, including written agreements and WhatsApp messages.
• Skipping the supporting documents. The court will not extend an order on bare assertions.
• Letting the warrant of arrest issue. The criminal side escalates quickly, and the right path is to engage with the court.

Frequently Asked Questions

Does a parent have to pay maintenance for a child over 18 in South Africa?

In limited circumstances. The general rule is that maintenance ends when the child turns 18, becomes self-supporting, or gets married. The court has the discretion to extend the order where the child is still in secondary school at 18, is studying at a tertiary institution and the parents agreed to support those studies, or is unable to support themselves for reasons beyond their control.

Does child maintenance end at 18 in South Africa?

The general rule is that child maintenance ends when the child turns 18, becomes self-supporting, or gets married. The court has the discretion to extend the order where the child is still in secondary school, is studying at a tertiary institution, or is unable to support themselves for reasons beyond their control.

Can a parent stop paying maintenance when the child turns 18?

Not automatically. The parent must apply to the maintenance court to end the order. The court will consider the actual facts of the matter, including the child’s needs and the parents’ other obligations, and will end the order only where the child is able to support themselves.

Can a child claim maintenance after 18 in South Africa?

Yes, in limited circumstances. The child can apply to the maintenance court for an extension of the order where the child is still in secondary school, is studying at a tertiary institution, or is unable to support themselves for reasons beyond their control.

Can a child claim maintenance while at university in South Africa?

Yes, in some cases. The court has the discretion to extend the maintenance order where the child is studying at a tertiary institution and the parents agreed to support those studies. The strongest cases are those where the agreement is in writing, or where the parents made a commitment to pay for the studies.

Does child maintenance stop when the child gets married?

Yes. The general rule is that child maintenance ends when the child gets married, regardless of the child’s age. The court treats the marriage as evidence that the child is now part of another family and is no longer dependent on the parents for support.

What is the maximum age for child maintenance in South Africa?

There is no fixed maximum age. The court has the discretion to extend the order beyond 18 where the child is unable to support themselves, including in cases of disability or chronic illness. The court will weigh the actual facts of the matter against the parents’ competing obligations.

Get help with your maintenance matter. If you need help with a maintenance matter, whether extending an order beyond 18 or ending an order on a child’s 18th birthday, Otrebski Attorneys’ Family Law team in Sandton can assist. As a 100% women-led firm with a 5-star Google rating, we focus on compassionate, practical legal solutions for families.

Disclaimer. This article provides general information about maintenance for a child over 18 in South Africa. It is not legal advice and does not replace consultation with a qualified family attorney. The relevant law is set out in the Maintenance Act 99 of 1998 and the Children’s Act 38 of 2005, both of which may be amended. Confirm the current position with the Department of Justice and Constitutional Development or speak to a family attorney before relying on anything in this article.