A lot of people are under the impression that only children can be dependants of their parents, however our law also makes provision for parents to be dependants of their children.

An application for maintenance can be brought in a court of law by parents against a child(ren) should they wish to do so. In the latter mentioned instance, the courts are extra-cautious in granting such orders as the following factors are carefully taken into consideration before such an order could be granted by a competent court:

1. Are the parents genuinely in need of such maintenance, to be precise such a need is established by way of essentials to the parents and nothing more;
2. Is there a legal duty to maintain between the child(ren) and the parents; and
3. Is the child(ren) in a financial position to maintain the parent(s)?

As in any other application for maintenance, there are requirements that need to be fulfilled before such an application can succeed in a court of law.

In other words, a parent would need to prove their dependence on the child and prove that said child can take on the financial responsibility of maintaining the parent.

The precedent which has been set by our courts is however a bit vague as it has not precisely indicated to what extent parents can claim maintenance from child(ren). However, courts can draw an inference and/or get some guideline in that our courts have set a precedent that only the basic necessities can be claimed by parents from their child(ren).

In other words, a claim for maintenance from parents is narrowed in comparison to that of children towards their parents, especially in relation to when minor children are claiming maintenance from their parents. Examples of the latter mentioned include but are not limited food, clothing, housing, medical expenses, etc.

Please note: This article is for general public information and use. It is not to be considered or construed as legal advice. Each matter must be dealt with on a case

by case basis and is it hereby advisable to consult a legal practitioner should you have a similar matter.