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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4402
Experience:  Admitted Attorney 17 years experience
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Good day, My mother was living in a cottage provided by my

Customer Question

Good day,
My mother was living in a cottage provided by my sister in JHB. After a fall in Sandton City and sustaining a broken leg, I decided to move my mother down to live with me in Hermanus. She is 88 years old and doesn't deserve to live in a cottage by herself.
Since moving her down, my sister hasn't helped me with any kind of maintenance or support for my mother. She lives in JHB for five months and in California for the rest of the year. She lives a lavish lifestyle and can afford to pay maintenance.
She had agreed to pay me R10 000 p/m and then after provoking an arguement with me and saying that she doesn't consider her be to her mother and me to be her brother. We haven't spoken since.
Can I get a maintenance order. What should I do?
Regards
Giangi
Submitted: 11 months ago.
Category: South Africa Law
Expert:  JJ replied 11 months ago.

Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

Is your mother mentally still 100% and able to make decisions?

Customer: replied 11 months ago.


Yes, she is still 100% able to make decisions.

Expert:  JJ replied 11 months ago.

Hi Giangi

She will be able to file for a maintenance order in the magistrates court are wehere she resides. The court will then be able to set a trial date for you and your sister to give evidence on your income and expenses and the court will make a ruling with regards XXXXX XXXXX childs contribution.

It is therefore important to note that she will be required to go to court to complete the documentation and set out what she wants each child to copntribute.

This can be a 3-6month process can be done without the services of a lawyer.

JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4402
Experience: Admitted Attorney 17 years experience
JJ and other South Africa Law Specialists are ready to help you
Customer: replied 11 months ago.

Good day,
Is there any way that I can get her to pay me what she owes me for the past fifty months. We had agreed to R 10 000 p/m and she hasn't kept her side of the bargain. What legal course of action can I take?


Regards


Giangi

Expert:  JJ replied 11 months ago.

Hi Giangi

You can certainly sue her for this money, but you will have to prove the agreement. This is where I think that it becomes a 50/50 matter as it will be your word against hers. The court will have to use circumstancial evidence to decide whether there was such an agreement in place and in my view you might be able to pull this through.

You will however have to sue her through a lawyer and they will have to issue s a summons. Your claim can also be based on your joint responsibility to maintain your mother.

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