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Question
Posted by: Sick and tired | 2011/01/10

Stop paying maintenance

My son is 17 and finished school last year, he has already started working this year, can I now stop paying maintenance for him if he earns his own salary and has his own money to take care of him. I have already taken him off of my medical aid. I dont want to pay for him anymore, the money never even went towards him, his mother used it to pay her own personal debt, and then his school fees, maintenace in the first place should go towards the child not the moms clothing account at Foschini.
Is it legal for me to stop paying now that he has a job

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Our expert says:
Expert ImageFamily law expert

We see this so often, maintenance is used by the ex personally and not for what it was meant for. You are only obliged to pay maintenance until such time as your child is self supporting. Whether your child is sel supporting can be established by communicating with the child and gathering of the facts, i.e income, expenses etc. Secondly, any maintenance payments to a child who attained the age of 18 years, should be made directly to the child and not to the parent.

Bertus Preller
B.Proc; AD Dip L Law
Divorce and 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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5
Our users say:
Posted by: family law expert | 2011/01/16

We see this so often, maintenance is used by the ex personally and not for what it was meant for. You are only obliged to pay maintenance until such time as your child is self supporting. Whether your child is sel supporting can be established by communicating with the child and gathering of the facts, i.e income, expenses etc. Secondly, any maintenance payments to a child who attained the age of 18 years, should be made directly to the child and not to the parent.

Bertus Preller
B.Proc; AD Dip L Law
Divorce and 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

Reply to family law expert
Posted by: dave | 2011/01/13

Excuse me but i agree with sick and tired, maintenance is to be spent on the child, school fees, the childs clothes, etc maintenance is not to be spent on the mother and the court can actually request proof of the money and how the mother spends it to ensure it is for the child, as for rent its not the dads responsibility to pay the rent, most ex wifes these days cash in on maintenance and very little actually goes towards the child.

Reply to dave
Posted by: My opinion | 2011/01/11

Yes you have to go to maintenance court to have the order altered. Why can''t you discuss this with your son and your ex wife?

Just out of irretation caused by your uninformed comments: I want to know that if your ex used the maintenance money to pay school fees and then her clothing account, then where did she get the money for food, rent, clothing, utilities, transport, entertainment, pocket money etc? Did she maybe actually pay for that herself while using all " your"  maintenance to pay her clothing account which you obviously feel she does not deserve to have?

Just wondering........

Reply to My opinion
Posted by: michelle | 2011/01/11

What was the court agreement? is the mother responsible to pay half or a % towards the child?

Reply to michelle
Posted by: whena | 2011/01/10

Would suggest that you approach the maintanance officer at your nearest court with your divorce agreement etc and have it made a order of the court

Reply to whena

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