I have a maintenance order in place, my ...

Asked by Marietjie on 28-09-2020 19:40:46
Question posted in the General Law category relating to Eastern Cape

I have a maintenance order in place, my child turned 18 and the father stopped the payments with the reason the child is now a major. Is there a law in place that the child have to re-apply for maintenance himself? My child is a student and still dependant on both his parents, but refuse to face his father in court. His pride will not allow him as his father does not want any contact with him. The father ubuse his defencelessness to request the child to claim maintenance direct. This is failure to pay maintenance  is this not a crimanal offence?

Answer to the Question

Posted by Att. Patrick on 29-09-2020 15:40:55

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Q: Is there a law in place that the child have to re-apply for maintenance himself? --> Yes, definitely. A child can apply for maintenance from his/her parents for as long as he/she needs to be maintained. 

Q: This is failure to pay maintenance is this not a criminal offence? --> Normally yes, but you say that the maintenance order expired when the child turned 18.

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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