Can Your Child Sue You for Support After Turning 18? - Court Issues Landmark Ruling

For many young Kenyans, the question of parental support beyond the age of 18 is not just theoretical; it’s personal. While the Children Act defines a child as anyone under 18, life often stretches beyond this age, with students pursuing further education, career training, or facing financial challenges. 

But can adult children legally compel their parents to provide support? A recent court case provides insight into this issue.

Read Also: Various Ways to Teach Your Kids About Money as They Grow Up

Background of the Case

In 2018, a mother filed a maintenance case in a Children’s Court on behalf of her 28-year-old son, seeking parental support to finance his studies. The court initially approved an agreement requiring the father to pay Ksh1.3 million for the son to pursue an aviation course.

Disputes arose later when both parties accused each other of violating the agreement. In 2024, the Children’s Court ruled in favour of the son, ordering the father to pay for the aviation course.

 However, the father contested the ruling in the High Court, arguing that:

• He had already contributed to the son’s university education, which the son later abandoned.
• He was a retiree recovering from surgery, relying on subsistence farming for survival.
• Enforcement of the payment would force him into strenuous work or risk jail, both of which could harm his health.

The petitioner (the mother and adult child) disputed these claims, highlighting that the father owned farms, rental properties, and businesses.

The High Court subsequently granted a stay of execution, suspending the enforcement order while requiring the father to deposit Ksh250,000 as security.

What the Law Says

Kenya’s Children Act is clear that parents are legally responsible for children under 18. However, the law allows for support to extend beyond this age in specific circumstances:

• The child has a disability.
• The child is pursuing education beyond 18.
• The child has an illness likely to extend into adulthood.

Despite this guidance, the law does not define the exact level of support parents are required to provide for adult children. Questions like “Is university tuition mandatory?” or “Should vocational courses be covered?” remain legally ambiguous.

A 2025 survey of Kenyan parents revealed that 50% continue supporting their children financially into adulthood, often stretching themselves to the limit. Many parents admitted that this ongoing support puts their own financial stability at risk, affecting retirement plans and long-term savings.

Also read: How I am Raising Financially Savvy Kids as a Single Mom

Alternatives to Full Financial Support

While adult children may require support, financial assistance is not the only option. Parents can help adult children in ways that strengthen independence and career prospects without jeopardizing their own finances. Some strategies include:

1. Boost Careers Through Networks
   Parents can leverage their professional and social networks to help adult children secure job interviews, mentorship opportunities, or internships. This support provides long-term value beyond immediate financial aid.
   
   
2. Guide Budgeting and Money Management
   Teaching adult children how to budget, track expenses, and plan savings can equip them with skills to manage their finances independently. Simple tools like budgeting apps, spreadsheets, or even informal guidance can go a long way.
   
   
3. Match Savings for Specific Goals
   Instead of footing the full cost of an expensive purchase, parents can match contributions. For example, if an adult child wants to buy a car and saves Ksh500,000, a parent can contribute 50%, reinforcing financial responsibility and shared effort.
   
   
4. Set Aside a Defined Emergency Fund
   Creating a limited emergency fund for adult children—say Ksh50,000–Ksh100,000—can provide a safety net without jeopardising the parents’ finances. This ensures that support is structured and does not create long-term dependency.