When does child maintenance stop in South Africa? At what age does a Father or Mother no longer have to pay maintenance for children? These are questions that both Fathers and Mothers want to know. Because in South Africa law a child becomes an adult at age 18.
Both parents must provide maintenance for children in the following circumstances:
- If the parents are separated or divorced
- The parents are married to each other and the child is born in wedlock
- Or they are living together and the child is born out of wedlock
- They are not living together and the child is born out of wedlock
- If the child is adopted
So when does child maintenance stop in South Africa? Contrary to what some people may think, maintenance obligation doesn’t end when a child turns 18.
Rather, common law states that a parents responsible for supporting a child until such time that the child becomes self-supporting.
For example, if a child is studying (even though they are older than 18 years) they are not self-supporting. Therefore still entitled to maintenance payments.
What is child maintenance?
Child maintenance refers to the legal obligation for a parent to support their child. Even if they don’t have custody of that child.
Child maintenance payments are made in regular intervals determined by the lifestyle and income of the supporting parent.
Payments are most common after a divorce or in the case of a child born out of wedlock with the parents no longer together.
In some cases, it is other parties (not the parents) who should be paying child maintenance. Particularly if the parents are not around:
- The grandparents of the child (whether the parents were married or not), depending on the case
- The siblings of the child
- The estate of the deceased parents (whether the parents were married or not)
According to divorce law, a decree of divorce will not be granted unless the court is happy with the arrangements concerning the welfare of any dependent children.
This may interest you: Child Maintenance Law in South Africa
It is helpful to state that maintenance payments may decrease or increase according to any changes of income of the supporting parent.
Applying for Maintenance through South Africa Courts
To apply for maintenance a person seeking it will approach the relevant Magistrate’s Court. To apply for maintenance at the court’s Maintenance Office.
The person will complete an application form and submit a copy of his or her proof of monthly income. As well as a valid identity document.
A date will then be set for both parents to appear in front of the maintenance officer. The officer will investigate the claim by obtaining statements under oath and gathering information. Before serving a summons for the parent responsible for the maintenance payments.
This person will appear in court and consent to the maintenance amount or to dispute the claim.
In case of a dispute, both parents will be required to appear in court and evidence from witnesses and both parents will be heard.
If the court rules that one parent should be paying maintenance, the court will order for the amount and date on which the parent pay.
Discover more about child maintenance and family law in South Africa: https://www.justice.gov.za/vg/mnt.html
So what age does child maintenance stop?
The termination of child maintenance is not, in fact, designated by age at all in South Africa.
Child maintenance ends once the child is able to support his or her self with a steady income or marries.
If a child is handicapped and is unable to support his or her self, it is the duty of the parent to continue paying maintenance.
As long as a child needs the financial support, they are entitled to child maintenance.
If the child is earning an income by age 18, the maintenance order will stop.
However support payments can extend until the child turns 21 (or even later) if the child is not self-supporting by this time.
For example, a child who is at a tertiary institution is entitled to financial support during this time. As soon as a child marries, however, there are no longer any maintenance obligations in place.
Paying Maintenance for a Child Over 18
Full-Time Education: If the child is still studying, many courts require parents to continue paying maintenance until they finish their education, even if they are over 18. This may include university or vocational training.
Special Needs: If the child has special needs, parents may be required to continue supporting them beyond 18. Depending on their circumstances and the ability to live independently.
Court Orders: Maintenance agreements or court orders will specify the conditions under which support ends. If the agreement explicitly states that support is required beyond 18 (e.g., until they complete university), then the payments must continue.
Review or Modification: In some cases a parent can request a review or modification of the maintenance order when the child turns 18. Especially if the circumstances have changed, such as the child becoming financially independent or leaving education.