Guide for South African parents

Does maintenance stop at 18?

Reviewed by an admitted South African attorneyLast reviewed 1 October 20265 min read

The short answer

No. A child becomes an adult at 18, but a parent’s duty to support the child lasts until the child can support themselves, for example through studies. A maintenance order doesn’t end by itself at 18. The paying parent must apply to the court to change or end it, and until then every missed payment is arrears.

Age of majority: 18 (Children’s Act s17)
How long support lasts: Until the child is self-supporting, not a fixed age
Does the order lapse at 18?: No. It stays in force until a court changes or ends it
To end or change it: An application on Form B (J107)
If payments just stop: Arrears build up, and not paying is an offence (s31)

Support lasts until the child is self-supporting

Both parents must support their child. The Supreme Court of Appeal has said this duty does not end when the child reaches a particular age. It continues after 18 for as long as the child cannot support themselves, for example while they finish school or study.

The order doesn’t switch off at 18

An existing maintenance order stays in force until a court changes or cancels it. In one case a parent stopped paying when the child turned 18, believing the order had ended, and was convicted. The court said that an order mentioning “minor children” names the children; it does not set an end date.

If the paying parent thinks the child is now self-supporting, they must apply to the maintenance court on Form B (J107). Until the court decides, the order stands.

If payments stop at 18. Each missed payment is arrears you can enforce, and not paying is a criminal offence. Lack of money can be a defence, but not if it comes from refusing to work or misconduct. See maintenance arrears.

What your order says matters

“Until self-supporting”: support continues past 18 while the child is not self-supporting.
“Minor children”: this names the children. It does not by itself end the order at 18.
“Until the child turns 18”: an order written this way may end on its own terms. The duty to support doesn’t, so a new claim may be needed. Ask the maintenance officer or an attorney about your order.

Who claims for a child over 18

The adult child can apply to the maintenance court themselves, on Form A (J101).
In a divorce, a parent can claim maintenance for a dependent adult child as part of the divorce.
A parent at the maintenance court: the law is not clear on whether a parent can claim there for an adult child. In divorce cases, the Supreme Court of Appeal has settled that a parent can. Ask the maintenance officer how your court handles it.

Students

A child who is studying full time and can’t support themselves is usually still entitled to support. What is reasonable depends on the child’s needs and both parents’ means. Keep proof of fees, books, transport and accommodation.

When it ends

Support ends when the child can support themselves. The order ends when a court says so, on application.

Questions parents ask

Does maintenance stop automatically at 18?

No. The duty lasts until the child is self-supporting, and an order stays in force until a court changes or ends it.

Can the other parent just stop paying when our child turns 18?

No. They must apply to the maintenance court. Until it decides, missed payments are arrears, and not paying is an offence.

My child is at university. Does maintenance continue?

Usually, while the child is not self-supporting. What is reasonable depends on the child’s needs and both parents’ means.

Who claims maintenance for a 19-year-old?

The adult child can apply. In a divorce, a parent can claim for a dependent adult child. Whether a parent can claim for them at the maintenance court is not clear.

Our order says “minor children”. Does it end at 18?

Not by itself. A court has held that this wording names the children rather than setting an end date.

When does maintenance finally end?

When the child is self-supporting and a court ends the order.

General information, not legal advice. This guide explains South African law in general terms. It was reviewed by an admitted South African attorney on 1 October 2026, but the law and court practice change, and every case is different. For advice on your own situation, speak to an attorney or Legal Aid South Africa on 0800 110 110.