As children grow into adulthood, it is expected that they will become self-sufficient and independent, but what happens when they struggle financially or require financial support? Do they have the legal right to claim maintenance from their parents?
In South Africa, the law recognizes that adult children may require financial support from their parents under certain circumstances. This article will explore the legal rights of adult children in receiving maintenance from their parents in South Africa.
Maintenance for Adult Children: What the Law Says
Section 18 of the South African Children’s Act (38 of 2005) stipulates that parents have a legal duty to support their children financially until they become self-sufficient or reach the age of 18, whichever comes later. However, the law also recognizes that certain factors may require parents to continue providing financial support to their adult children.
These factors include:
- Disability or illness
- The child is still studying or completing their education
- The child is unemployed or unable to support themselves due to other factors
- The child is undergoing training or apprenticeship to acquire a skill
If any of these factors are present, the parent may be obligated to provide financial support to their adult child.
Claiming Maintenance from Parents
To claim maintenance from their parents, adult children must prove that they meet one of the factors mentioned above. They must also show that they are unable to support themselves financially and require financial support from their parents.
The process of claiming maintenance from parents involves approaching the Maintenance Court. The Maintenance Court will consider the financial situation of both the parent and the child, and will make a determination as to whether the parent should provide financial support and the amount of support that should be provided.
Limitations of Maintenance for Adult Children
It is important to note that claiming maintenance from parents is not an automatic right. The court will only award maintenance to adult children if they can prove that they meet the requirements for maintenance.
Furthermore, the court will consider the financial situation of both the parent and the child. If the parent is unable to provide financial support due to their own financial constraints, the court may not award maintenance to the adult child.
Conclusion
In conclusion, the law in South Africa recognizes that adult children may require financial support from their parents under certain circumstances. If an adult child can prove that they meet the requirements for maintenance, they may be awarded financial support by the court.
If you are an adult child in need of financial support from your parents or a parent who is being approached for maintenance by an adult child, it is important to seek legal advice to ensure that your rights are protected. At our law firm, we have experienced attorneys who can guide you through the process and ensure that your interests are protected.
