Can a 22 Year Old Claim Maintenance in South Africa?

A 22 year old can claim maintenance 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 exception is where the child is still in secondary school, or where the child is studying at a tertiary institution and the parents agreed to support those studies, or where the child is unable to support themselves for reasons beyond their control.

This page explains the age rules, the exceptions, and the practical steps to claim maintenance as an adult. If you need help with a maintenance matter, our Sandton-based Family Law team can assist.

The general rule: maintenance ends at 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.

For a 22 year old, the general rule means that the parent is no longer automatically liable for maintenance. The 22 year old cannot rely on the same order that applied when they were 17, and a fresh application is needed to extend the order.

Exceptions to the age rule

The court has the discretion to extend the maintenance order beyond 18 in certain circumstances. The most common exceptions are listed below 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.

How the court decides

The court looks at the actual facts of the matter, including the child’s needs, the parent’s income, and the parents’ other obligations. The court will weigh the reasons for the application against the parents’ competing obligations and arrive at an order that is fair in light of those facts.

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. The weakest cases are those where the child is simply unemployed and has not made reasonable efforts to find work.

How to apply as a 22 year old

The 22 year old can apply directly to the maintenance court for themselves, since they are no longer a minor. 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 application is filed in the district where the parent being claimed against lives. The clerk sets the matter down for an enquiry, and the court hears the matter in the usual way. The order is set at the amount the parent can reasonably afford, based on the parent’s income and the child’s needs.

What the parent should do

The parent can apply for a variation of the order on the ground that the child has turned 18 and is no longer automatically entitled to maintenance. The court will consider the actual facts of the matter, including the child’s needs, the parent’s income, and the parents’ other obligations.

Where the parent can show that the child is self-supporting, or that the child has not made reasonable efforts to find work, the court will usually end the order. Where the child is genuinely unable to support themselves, the court will usually extend the order.

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

Can a 22 year old claim maintenance in South Africa?

A 22 year old can claim maintenance in limited circumstances. The general rule is that maintenance ends at 18, but 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.

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 student claim maintenance from parents 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.

Can a 22 year old claim maintenance if they are unemployed?

Not automatically. The court will consider the actual facts of the matter, including the efforts the 22 year old has made to find work. The strongest cases are those where the 22 year old is unable to support themselves for reasons beyond their control, including a disability or a chronic illness.

Can a 22 year old apply for maintenance directly?

Yes. The 22 year old can apply directly to the maintenance court for themselves, since they are no longer a minor. The application is the same as for a parent, with the same supporting documents.

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.

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.

Get help with your maintenance matter. If you need help with a maintenance matter, whether as an adult child claiming maintenance or as a parent disputing an order, 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 whether a 22 year old can claim maintenance in South Africa. It is not legal advice and does not replace consultation with a qualified family attorney. The relevant law, including maintenance and children’s laws, 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.