In South Africa, child maintenance is a legal obligation that typically extends until a child turns 18, the age of majority. However, this does not automatically absolve parents of their responsibility to support their children. For young adults pursuing tertiary education or not yet financially independent, maintenance may continue under specific legal and practical circumstances. This article explores these obligations, the processes involved, and the rights of both parents and children.
Legal Framework for Child Maintenance Post-18
The Maintenance Act 99 of 1998 governs child maintenance in South Africa. While maintenance obligations generally conclude at 18, Section 6 of the Act acknowledges that financial support may be required beyond this age if the child cannot support themselves due to education, disability, or other valid reasons.
When Does Child Maintenance Continue Beyond 18?
1. Pursuing Tertiary Education
Parents are expected to contribute to the costs of higher education if the child is enrolled in a university, college, or vocational training program. This includes tuition fees, books, accommodation, and living expenses.
- Key Factors Considered by Courts:
- The child’s academic performance and commitment.
- The financial means of each parent.
- The reasonableness of the child’s educational goals.
2. Financial Dependency
A young adult who is unemployed, underemployed, or unable to support themselves due to economic conditions or personal circumstances may still be eligible for maintenance.
3. Disability or Special Needs
If a child has a physical or mental disability that prevents financial independence, maintenance obligations can extend indefinitely.
How Maintenance for Young Adults Works
1. Legal Rights of the Young Adult
After turning 18, the child assumes the right to claim maintenance directly from the parents. The custodial parent no longer acts as the intermediary.
2. Calculating Maintenance
The same principles that apply to child maintenance calculations are used:
- The needs of the child (e.g., tuition, living costs, medical expenses).
- The financial capacity of both parents.
3. Adjusting Maintenance Orders
An existing maintenance order does not automatically extend beyond 18. The young adult must approach the maintenance court to request an amendment or continuation of the order.
Steps to Apply for Maintenance Beyond 18
Step 1: Consult a Legal Practitioner
Seek advice from an attorney to understand your rights and the necessary legal procedures.
Step 2: File an Application at the Maintenance Court
The young adult must submit an application with supporting documents, including proof of enrollment in educational programs or evidence of financial dependency.
Step 3: Attend the Hearing
Both parents will be required to attend the hearing, where the court evaluates the financial circumstances and needs.
Step 4: Court Decision
The court will decide on the continuation and amount of maintenance based on the evidence presented.
Challenges and Considerations
1. Non-Cooperation from Parents
One parent may resist contributing to post-18 maintenance, citing financial constraints or disagreement over educational choices.
- Solution: Engage an attorney and present the case to the court for resolution.
2. Disputes Between Parents and Young Adults
Parents may feel that the young adult is not utilizing resources responsibly.
- Solution: Transparent communication and mediation can help address concerns.
3. High Costs of Tertiary Education
South Africa’s tertiary education costs can be prohibitive. Both parents may need to reassess their financial contributions.
Legal Obligations for Parents
- Mother’s Role:
- Primary caregiver responsibilities may continue for expenses such as housing and day-to-day living costs if the young adult resides with her.
- Father’s Role:
- Financial contributions typically cover tuition, medical aid, and other structured expenses.
- Extended Family:
- In some cases, grandparents or guardians may be approached for support if parents are unable or unwilling to pay.
What Happens If a Parent Fails to Pay?
Failure to comply with maintenance obligations post-18 can lead to:
- Garnishee orders against their salary.
- Seizure of assets.
- Legal penalties, including fines or imprisonment.
Statistics on Post-18 Maintenance in South Africa
- Young Adults in Higher Education: Over 50% of students in South Africa rely on parental support for tertiary education.
- Maintenance Disputes: A significant number of cases in maintenance courts involve young adults seeking financial support for continued education.
Helpful Links and Resources
- Maintenance Act 99 of 1998: Justice.gov.za
- National Student Financial Aid Scheme (NSFAS): nsfas.org.za
- South African Maintenance Court Locator: SA Courts
How Engelsman Magabane Can Help
Navigating maintenance obligations for young adults can be legally complex and emotionally challenging. At Engelsman Magabane Incorporated, our experienced attorneys provide expert advice and representation to ensure that all parties fulfill their responsibilities fairly. Whether you are a parent, guardian, or young adult, we are here to guide you every step of the way.