Question posted in the Family Law category relating to Gauteng
Good day kindly please assist me with legal advice.
I have an ongoing maintenance case with the father of my daughter for 6 years.
A court order was granted and he only paid for 6 months, 4 years ago.
Now I want to find out that if he is to die today, my daughter is not listed as a beneficiary in any of his wealth and properties, He is married with two older kids who are also married and living their lives elsewhere.
If he lives his wife as the beneficiary, is there a way I can claim from her, or is there a way my daughter will be able to benefit from his wealth?
My daughter is 7 years old and she lives with me.
Answer to the Question
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A duty to pay maintenance starts when a child is born and ends when a child is 18 years old or self-supporting and both parents are responsible to maintain their children according their respective means and financial positions.
The duty to maintain a child continues even after the death of a parent.
A child under the age of 18 can lodge a claim for maintenance against the deceased parent’s estate or if there is already a maintenance order against the deceased parent it will also become binding on his/her estate until the child reaches the age of 18 or becomes self-supporting.
A child above the age of 18 who is not self supporing can also claim against a deceased parent’s estate but will have to prove the following:
1. That he/she does in fact require support;
2. The amount of the support needed.
A claim for maintenance in respect of a child is preferent to all the other claims against the deceased parent’s estate including claims from heirs. The only exception is debts owed by the estate.
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