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The simple answer is yes. Children over 18 can take their parents to court for maintenance. This aspect of family law was recently highlighted following the story of the 19-year-old student, Thomas,who sued his mother for maintenance to the amount of R14 655 a month. You can read this story by clicking here.

According to the Maintenance Act (click here), children are entitled to reasonable maintenance to provide for clothing, housing, dental and medical care, education and training, and where applicable, recreation. This duty does not necessarily stop when the child turns 18 and is considered an adult.

Both parents have a duty to maintain the child, depending on how much they earn. The duty to maintain the child continues to exist irrespective of whether the parent’s are unmarried, the child is adopted or the child is from a first marriage or later marriage.

What Can A Child Over 18 Sue For?

Children over 18 can sue their parents for daily expenses such as food and medical expenses. However, you should note that when it comes to tertiary education, parents are expected to pay the reasonable costs of the child’s education including accommodation, provided the child is making reasonable progress and showing due diligence.

When Does The Parents’ Duty to Maintain the Child Stop?

The parents’ duty to support the child ends when the child is self-supporting. However, self-supporting does not necessarily mean when the child is employed. Parents may still be expected to pay a reduced amount of maintenance until the child is self supporting.

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We hope this has been as useful as it is simple.

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