A CHILD’S RIGHT TO MAINTENANCE – EXPLAINED Who can claim maintenance? Every child that is not self-supporting has the right to receive maintenance from his/her parents and/or grandparents. The Children’s Act, 38 of 2005, defines the term “child” as a person under the age of 18 years. However, it is not only children under 18 years that have a claim against their parents for maintenance. A person 18 years or older that is not self-sufficient also has a claim for maintenance against his/her parents. There is a difference in that a minor child is entitled to claim maintenance for all their needs whereas a major child may only claim for necessities. Since a minor child cannot institute or defend proceedings in his/her own name, it is the custodial parent who needs to claim maintenance on the minor child’s behalf, from the non-custodian parent. Once the child becomes an adult (older than 18 years) and should they not be self-sufficient, he/...