A new ruling by the Supreme Court of Appeal (SCA) has stated that a parent can claim maintenance for adult dependent children from the other parent upon divorce, as per Ground Up.
Judge Pieter Meyer, alongside four other appeal court judges, made the monumental ruling on Thursday, which states that mothers with limited resources and who carry huge financial obligations when providing for their children are able to claim during and after divorce proceedings.
The ruling stems from an appeal made by an Eastern Cape woman after the High Court in the province ruled that she could not claim for the maintenance of her adult dependent children from their father, as per News24.
According to court records, the estranged couple, who have simply been identified as Mr and Mrs Z, has two adult dependent children aged 23 and 25.
The High Court ruled in favour of Mr Z after he filed a special plea which stated his adult children could come directly to him in order to ask for maintenance.
Certain sections of the Divorce Act have been a point of contention and have resulted in conflicting High Court decisions.
According to Meyer, the High Court had reportedly incorrectly ruled against Mrs Z.
“The parents of a minor child or of an adult dependent child are both under a common law and a statutory duty to support their minor children and their major dependent children in accordance with their respective means,” the judgement read.
Furthermore, the ruling stated that children are not financially independent when they “attain majority” at age 18.
“Many have not even concluded their secondary education and only commence their tertiary education or vocational training after they have attained the age of majority. A further reality is that it often takes time for young adults to obtain employment,” the judgement concluded.
Also read:
Cape Town police urge public to assist in tracing rape suspect
Picture: Unsplash