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Maintenance for children over 18
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In terms of our law, a child becomes an adult these days at the age of 18. A lot of people believe that in fact that is when an obligation for maintenance ends. The Maintenance Act itself does not comment on the duration of this responsibility to support a child and in the circumstances, the answer is found in our common law which provides that a parent has a duty to support the child, until the child becomes self-supporting. This was also confirmed in the 1999 case of Bursey v Bursey & Another in the Appellate Division. A child cannot be self-supporting, if for example, the child is still studying or if for example, the child is handicapped and cannot look after him/herself.
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Posted by Michael de Broglio on Wednesday 09-Apr-08
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