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Question
Posted by: Janine | 2010/11/08

child support arrangement

Hi, please offer me advise on the following - I am querying this on a friend''s behalf:
My freind is a single parent, and the father pays maintenance on a monthly basis. he does not really see the child at all, just pays maintenance. A few years ago they made an agreement that the maintenance gets paid into her mother''s account (the grandmother) as her mother (the grandmother) insisted that she was irrepsonsible at the time, and she would therefore control the money. They agreed to this arrangement and the father of the child has been paying the money over to the grandmother each month. The grandmother does not give the money to the mother, she says that she is saving the money for future use for the child. Now my friend would like the money to get paid directly to her instead of to the grandmother, as she needs the money each month as she is a single parent. What rights does she have as the grandmother refuses for the arrangement to be changed? She has tried to discuss this with the father of the child for him to pay it directly to her, but he has made no effort to change his payments, and continues to pay it to the grandmother. How does she approach this? Does the grandmother have any legal right here? also, does the father have the right to decide where he pays the money to? He has no active part in raising the child.

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Our expert says:
Expert ImageFamily law expert

I suggest that your friend approach the maintenance court and request that the maintenance payments to be made an order of court to the effect that payment of the aforesaid be made to her in person,

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
Cape Town
www.divorceattorney.co.za
bertus@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

3
Our users say:
Posted by: Sweet P | 2010/11/16

Janine

You can go to the maintenance court and have the banking details changed. Also make mention of the fact that before the money was deposited in the grandmothers account of which not a cent has gone to the child so that they can summons her to pay every cent back to your child.

Grandmother has no say here unless both the childs mother and father has died.

Good Luck here and do whats best for the poor child.
\
Regards,

Reply to Sweet P
Posted by: FIO | 2010/11/10

Grandmother has no right, as the arrangement is between mother and father. Mother as the right to change where the money gets paid, and she just has to approach the maintenance court to request the order be chanegd to reflect the new accoutn details. Father has no say either, he must pay wherever mother needs to money to be paid to.

Once again, grandmother has no rights at all. And actually, mother can request that grandmother hand over all moneys collected for the child paid by the father. Get the momey back, all of it!

Reply to FIO
Posted by: family law expert | 2010/11/09

I suggest that your friend approach the maintenance court and request that the maintenance payments to be made an order of court to the effect that payment of the aforesaid be made to her in person,

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
Cape Town
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Reply to family law expert

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