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Question
Posted by: Barry | 2010/05/12

Stepfather

is a stefather obliged to maintain his spouse''s children, we married in community of property?

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Our expert says:
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It is a tricky issue, a stepfather is not legally obliged to maintain a stepchild,(S v MacDonald 1963 (2) SA 431 (C) at 432F. But in the event of your present marriage being one in community of property, you will be liable for the maintenance of your stepchildren in your capacity as administrator of the joint estate during the marriage.

Bertus Preller
www.divorceattorney.co.za

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Our users say:
Posted by: G-Dad | 2010/05/12

It also depends on the scenario, the information is limited so difficult to answer.

You can not sue the stepfather for maintenance in the event of a divorce or breakup, if that is what you want to know, because there is no biological connection, unless he adopted the child as his own, even if you are married ICOP.

Reply to G-Dad
Posted by: family law expert | 2010/05/12

It is a tricky issue, a stepfather is not legally obliged to maintain a stepchild,(S v MacDonald 1963 (2) SA 431 (C) at 432F. But in the event of your present marriage being one in community of property, you will be liable for the maintenance of your stepchildren in your capacity as administrator of the joint estate during the marriage.

Bertus Preller
www.divorceattorney.co.za

Reply to family law expert

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