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Question
Posted by: Being used by ex | 2011/01/18

Maintenance agreement

Good morning

I have been divorced for almost 5 years. The maintenance agreement read that I am responsible for medical aid and maintenance of THE MINOR CHILDREN. My daughter has now turned 18, has finished school but as far as I know does not have a job. We (myself and the children) have been estranged for 3 years now (the ex has turned them against me), but I have paid every month.

My question now is... can I remove my daughter from my medical aid, and can I stop the maintenance payments for her?

Thanks for the advice

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Our expert says:
Expert ImageFamily law expert

If your daughter is not self supporting you will have to support her by way of maintenance payments and medical. Your ex can't lay a claim for this as your daughter is above 18 and should file in her personal capacity. Your ex should however also contribute as both parents have such a responsibility.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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Our users say:
Posted by: family law expert | 2011/01/22

If your daughter is not self supporting you will have to support her by way of maintenance payments and medical. Your ex can't lay a claim for this as your daughter is above 18 and should file in her personal capacity. Your ex should however also contribute as both parents have such a responsibility.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http://www.divorceattorney.co.za
Twitter: www.twitter/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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