Child Maintenance: What Parents Should Know
Both parents have a legal obligation to maintain their children until they reach 21 years of age, and potentially longer where the child is pursuing tertiary education or has special needs or disabilities. Maintenance covers reasonable expenses including food, housing, education, healthcare, and extracurricular activities.
- Courts consider the income and earning capacity of both parents, the child's needs, the standard of living enjoyed before separation, and any special or exceptional requirements.
- Interim or temporary maintenance may be sought during proceedings to ensure the child's needs are met while the case is ongoing.
- Where maintenance is not paid, enforcement mechanisms include garnishment of wages, seizure of assets, and in serious cases, committal proceedings.
- Existing orders may be modified if there is a material change in circumstances—such as a significant change in income, relocation, or the child's evolving needs.
Maintenance is separate from the division of matrimonial assets, though the two may interact—particularly where housing arrangements for the child are concerned.