Im trying to asssit my domestic worker whose daughter is 18 and has just had a baby. She is still at school and has no money at all. The father will not pay any money towards the child and says he is unemployed. He has other children as well but not from this young girl. Can we insist on him paying maintenance or what is the legal way to do this. 

Hi there and thank you for your question,

Essentially your domestic worker is entitled to bring a maintenance claim against the baby's father for the payment of the required monthly maintenance. She will need to approach the Maintenance Officer at the local Magistrates Court who will assist her in completing a claim form, and having it served on the baby's father. All of the parties will then be called to court and a Magistrate will be asked to make a decision on how much maintenance the baby's father will need to pay.

Your domestic worker will be entitled to lead evidence as to how much money she needs for the baby on a monthly basis, and will also need to leave evidence as to how much she can afford herself each month to contribute.

The baby's father will also need to lead evidence as to his work, and how much he is earning each month.

The Magistrate will then decide on the amount of maintenance. Please note that if the baby's father is not working, and doesn't have any assets, then the chances that he will be ordered to pay any reasonable amount of maintenance is low.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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