The court can order a parent to pay maintenance for the benefit of a child of the marriage who is under the age of 21 during matrimonial proceedings. Child maintenance can be sought on an interim basis and at the final hearing of ancillary matters.
A child who is above 21 is still entitled to maintenance if he:
- Has a mental or physical disability.
- Is undertaking compulsory military service.
- Is undertaking educational or vocational training.
When ordering child maintenance, the court must have regard to all the circumstances of the case, including:
- The financial needs of the child
- Income of the parents
- Earning capacity (if any) of the parents
- Property and financial resources of the parents
- Any disability of the child
- The age of the parents
- The duration of the parents’ marriage
- The standard of living enjoyed by the child before the parent ceased providing reasonable maintenance for the child