Various divorce orders and/or settlement agreement and/or maintenance orders stipulates the following
“Payment towards the maintenance of the minor child will terminate when the child reaches the age of 18 or completes his/her tertiary education or becomes self supporting, which ever occurs first”
The duty to support a child does not automatically suspend when the minor child reaches the age of majority.
The parties will have to approach the maintenance court in their jurisdiction to discharge the maintenance order providing sufficient proof that the child has become self-supporting. For instance should the child be 21 years old and the court deems the child not being self-supporting the order will not be discharged.
However each matter will be considered on their own merits.
Article by Nathea Smith (Associate)
