Does child maintenance stop at 18? What about university?

Many paying parents assume that maintenance ends on the child's 18th birthday. Many receiving parents worry about how university fees will be met. The civil law in Malaysia gives a more nuanced answer.

What does section 95 say?

Under section 95 of the Law Reform (Marriage and Divorce) Act 1976 (LRA), except where an order for custody or maintenance of a child is expressed to be for a shorter period, or has been rescinded, it expires when the child turns 18, or, where the child:

• is under physical or mental disability; or
• is pursuing further or higher education or training,

on the ceasing of the disability or the completion of the further or higher education or training, whichever is the later.

The age of majority in Malaysia is 18 (Age of Majority Act 1971).

What counts as further or higher education or training?

The Act does not list specific courses. In practice, studies after secondary school, such as diploma, degree, professional or vocational programmes, are what parents and courts usually have in mind. The question in a dispute is often whether the child is genuinely pursuing the course and what the reasonable costs are.

Check the wording of your order

Section 95 is a default rule. Read the order itself:

• Does it say maintenance is payable "until the child attains 18"? If so, it may be an order expressed to be for a shorter period.
• Does it mention tertiary education, fees or a specific end date?
• Does it cover only maintenance, or custody too?

If the order's wording is unclear or ends at 18, an application to the court may be needed.

Have a question about your own situation? Ask on WhatsApp

Can the order be changed?

Yes. Under section 96, the court may at any time vary or rescind an order for custody or maintenance of a child on the application of any interested person, where the order was based on misrepresentation or mistake of fact, or there has been a material change in circumstances. Starting university, or a parent losing their job, can be such a change. See varying custody or maintenance orders.

What should I do first?

1. Read the existing order and note any end date or wording about education.
2. Gather proof of studies: offer letter, enrolment confirmation, fee schedules, and results.
3. Prepare a budget: fees, accommodation, transport, books and living costs.
4. Write to the other parent before the 18th birthday, setting out the position.
5. Apply to court to vary or clarify the order if there is disagreement.

Example

A father has paid child maintenance under a consent order since the divorce. His daughter turns 18 and starts a degree. The order is silent on an end date. He stops paying, assuming his duty ended. Her mother writes to him referring to section 95 and the enrolment letter, and offers to agree a revised amount. When he refuses, she applies to the court, which considers the course, its costs and both parents' means.

Common mistakes

• Stopping payments on the 18th birthday without checking the order and section 95.
• Not keeping proof of enrolment and fees.
• Waiting until arrears build up before applying.
• Assuming the child cannot be involved: an adult child's evidence about studies is often relevant.

When to speak to a lawyer

Speak to a lawyer before the child turns 18 if the order is unclear, or if the other parent stops paying. See our family and divorce page; you can also contact us.

Frequently asked questions

Does maintenance continue for a child with a disability after 18?

Under section 95, an order continues until the disability ceases, unless it was expressed for a shorter period or rescinded.

Can maintenance continue for a gap year?

It depends on the facts and the order. Courts look at whether the child is genuinely pursuing further education or training.

Who can apply to vary the order?

Any interested person may apply under section 96, which can include a parent.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Law Reform (Marriage and Divorce) Act 1976 (Act 164), including sections 83, 88, 93, 95 and 96, AGC Laws of Malaysia
2. Age of Majority Act 1971 (Act 21), AGC Laws of Malaysia
3. Married Women and Children (Enforcement of Maintenance) Act 1968 (Act 356), AGC Laws of Malaysia

Fact-checked on 17 Oct 2026