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Question
Posted by: Pinky | 2011-03-07

Maintenance

Please assist me.
My brother have put he’ s son out of the house and his reason is that his son is 21 years old and failed at school, even though he is still in school(gr12).
I ended up taking him in since he was living on the street.
I am a single parent and am struggling to make ends meet.
Can I take my brother to court in order to pay maintenance for his son?

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Our expert says:
Expert ImageFamily law expert

Yes, only when his son is self supporting will the father's maintenance obligations end.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
Established 1935
1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
Direct Fax: 086 572 8373
E: bertus@divorceattorney.co.za
W: http: www.divorceattorney.co.za
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Our users say:
Posted by: family law expert | 2011-03-12

Yes, only when his son is self supporting will the father's maintenance obligations end.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
Established 1935
1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
Direct Fax: 086 572 8373
E: bertus@divorceattorney.co.za
W: http: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

Reply to family law expert
Posted by: FIO | 2011-03-10

Tricky one. In essence the father is oblidged to pay maintenance to the caregiver fo the child, no matter what age the child is. The correct term is a " dependent" .

However, the child needs ot look for a job. If he gets offered a job, but refuses to take it becauise he doesn t  like it, or it doesn t pay enough, then the father is not oblidged to pay maintenance as the reason for the need for money is due to the sons refusal to take work. No parent can bemade to pay mainteance for a major child who refuses to accept an income from work.

Approach the court for a maintenance order, and see what happens. You may get it.

Reply to FIO

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