South Africa Law
Get Your South African Law Questions Answered by Experts
HiWelcome to Just Answer!! Thank you for giving me the opportunity to assist you.
Is your mother mentally still 100% and able to make decisions?
Yes, she is still 100% able to make decisions.
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.
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?
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.