Our expert says:
Family law expert
BOTH parents have an obligation to pay maintenance, that includes the the natural mother of the children. Altough your one child is above the age of 18, he still has a claim for maintenance if he is not self-supporting yet, unfortunately to pursue a claim for maintenance on his behalf, he will need to lay the claim against the mother, and in the instance of the other child, your husband can lay such claim. You can go to your local magistrates court and lay a claim against her. Failure to pay maintenance is a criminal offence. The only acceptable defense is the lack of ability to pay. But inability to pay is only acceptable if it’s not due to misconduct on her part, or to an unwillingness to work and earn money to pay child or spousal support. If, for example, the money was lost through gambling or spent on other things, she would have caused her own lack of means and would still be convicted.
Family Law Attorney
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