Maintenance Beyond 18: Understanding Your Rights After Divorce

For many divorced parents in South Africa, the age of 18 is often seen as a milestone where maintenance payments automatically stop. However, South African law recognises that parents’ maintenance obligations  can  extend beyond the age of 18, particularly when  a child remains financially dependent, such as when they are still in school, pursuing tertiary education  or unable to support themselves. If your ex has stopped paying maintenance, or if you are unsure of your rights regarding ongoing support, it is important to understand the legal framework governing maintenance after 18.

Does Maintenance Stop at 18?

Under South African law, maintenance obligations do not automatically end when a child reaches the age of majority. While the Children’s Act (Act 38 of 2005) recognises that children attain the age of majority at 18, it does not equate this milestone with financial independence. In practice, many young adults, especially those still in school or pursuing tertiary education, remain financially dependent on their parents.

According to our law, including the Z v Z case, the duty of parents to maintain their children extends beyond the age of 18 if the child remains dependent. This was confirmed by the SCA, which found that the custodial parent may continue to claim maintenance from the other parent on behalf of an adult child who is still dependent on financial support.

If your ex-spouse has stopped making maintenance payments upon the child turning 18, you may still enforce the maintenance obligation, as long as the child remains financially dependent. The existing maintenance order remains in effect until the child has become self-supporting.

How to Enforce Maintenance Payments

If your ex-spouse refuses to continue maintenance payments after the child turns 18, and the child is still financially dependent, there are several steps you can take:

1. Consult Your Lawyer – A lawyer can guide you on how to enforce an existing maintenance order or assist in filing a new claim for maintenance if no order was made or if the existing maintenance order makes provision for such payments to cease when the child becomes a major.
2. Approach the Maintenance Court – If your ex refuses to comply, you can apply to the Maintenance Court to enforce the order. The court can also issue an order to compel a parent to pay maintenance if no order currently exists.
3. Attachment of Income – If the non-compliant parent refuses to make payments, the court may inter alia issue a garnishee order, which allows for the direct deduction of maintenance payments from the parent’s salary or bank account.
4. Legal Consequences for Non-Payment – Non-payment of maintenance is a criminal offence and can lead to legal consequences, including fines or imprisonment for the parent in default.

Common Misunderstandings About Maintenance After 18

There are several misconceptions about the continuation of maintenance payments beyond the age of 18. These include:

• Myth: “Maintenance ends at 18”
  • Fact: While a child over 18 can claim maintenance directly, the custodial parent can still enforce the existing maintenance order and may continue to claim maintenance on behalf of the child.
• Myth: “Maintenance is only for school fees”
  • Adjusting Maintenance Agreements

    As children grow, their needs change.  If your child’s educational expenses, healthcare costs, or other living expenses increase, the maintenance order may need to be adjusted accordingly.

    • Increase in Maintenance – If the child’s financial needs have increased (e.g., school fees, medical expenses), you can apply to the court for an upward adjustment to the maintenance order.
    • Reduction in Maintenance – If the paying parent’s financial situation has changed, they may apply for a reduction in the maintenance order. However, they must provide adequate evidence to demonstrate good cause for the requested reduction and meet the burden of proof required to justify the relief they are seeking.

    Need Legal Assistance? We Can Help.

    Navigating maintenance disputes can be complex, especially when children are beyond the age of 18 but still financially dependent. If you’re dealing with a non-compliant ex or need to vary an existing maintenance order, our team of expert family law attorneys is here to guide you through the process.

    📞 Contact us today to discuss your rights and ensure your child’s financial needs are met.