When is an adult child "dependent"?
Many divorcing or separated parents assume that the duty to pay maintenance ends once a child turns 18. That belief was decisively corrected by the Supreme Court of Appeal in Z v Z 2022 (5) SA 451 (SCA) (21 July 2022), which confirmed that a parent in that case, the mother, has full legal standing to claim maintenance from the other parent on behalf of an adult child who remains financially dependent.
Section 6 of the Divorce Act 70 of 1979 empowers a court granting a divorce to make "any order it deems fit" regarding a dependent child, a term that includes young adults who have not yet become self-supporting. Interpreting the section purposively and in line with constitutional values, the SCA held that denying a caregiving parent locus standi would undermine the child's right to support and force them into litigation. The court therefore overturned the High Court's contrary ruling and affirmed a parent's right to pursue or defend maintenance claims on behalf of an adult dependent child.
The principle was applied again only three months later. In DWT v MT (George Magistrates' Court, 19 October 2022, unreported), the court reiterated that until an adult child becomes self-sufficient, a parent may institute or defend maintenance proceedings on the child's behalf. Although delivered by a Magistrates' Court, the judgment echoed the SCA's reasoning and helped dispel lingering uncertainty among practitioners.
When is an adult child "dependent"?
Dependency is determined on the facts of each case. Courts typically consider:
- The child's current earning capacity and employment status
- Whether tertiary education is in progress
- Any health, disability, or other barriers to self-support
- The standard of living the child enjoyed during the parents' relationship
Because the duty to maintain is shared proportionally between parents, both parties must disclose full and accurate financial information to enable the court to make an order that is just and equitable.
Practical guidance for parents:
- Gather proof of dependency – university invoices, medical bills, job applications, or correspondence.
- Compare means – obtain salary slips, bank statements, and asset schedules from both parties.
- Propose a realistic plan – the court may order periodic payments, lump sums, or direct payments to service providers (e.g., schools or landlords).
- Anticipate defences – if the other parent argues that the child is self-supporting, be prepared to counter with evidence of ongoing need.
By acting promptly, a caregiving parent can protect the adult child's education and development without forcing them into the emotional and financial strain of litigation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
