The maintenance of adult but dependent offspring

Abstract

Parenthood automatically gives rise to the obligation of a parent to support his or her child. This common-law duty arises upon the birth of a child and it is furthermore provided for in the Maintenance Act.

The Maintenance Act addresses the maintenance of both minor and major offspring. The problem, however, arises when a study of the practical execution of this right is conducted. This dissertation specifically focuses on the practicality in respect of major/adult dependent ‘children’.

This dissertation examines the laws that enact the common-law duty and the right to support. A study of how the courts have interpreted the law and directed the enforcement of this right for major/adult dependent children/offspring reveals the impracticality of the prescribed enforcement methods and a failure to understand this group’s particular needs.

This study explores alternative approaches to implementing the right of adult dependent offspring to maintenance and offers solutions to the limitations that are revealed.