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South Africa Law
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For how long should a father pay maintenance for his

daughter that is 24 years...
for how long should a father pay maintenance for his daughter that is 24 years old and has been studying for 5 years still living with her mother and he is under financial strain?
JA: Family law varies by state. What state are you in?
Customer: living in the UAE and the daughter in Johannesburg
JA: Have you talked to a lawyer yet?
Customer: not officially
JA: Anything else you want the lawyer to know before I connect you?
Customer: actually it is such a long story - just want to know the basics
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Customer reply replied 1 month ago
my husband lost his job in 2015 and came to work for me in my company. We live in the UAE. I basically only "pay" him a salary to cover our mortgage in the UAE that is deducted from his salary. I am the ultimate breadwinner. On linked-in he is the CEO of my company for obvious reasons so that he remains employable. We decided to help support his children living in Johannesburg South Africa which meant i basically supported them until end 2016. End 2016 he sent his ex a budget (at this point we had still not yet informed them he was "unemployed") and due to their long standing dysfunctional relationship she decided to blind copy the children into their correspondence which then had a bad effect on the whole situation as she did not agree with the proposed funding. To make a long story short we are sure she instigated the children to proceed with legal action and he received a lawyer letter from his 20 year old son threatening him to pay all their and his ex's demands after he sent budgets that where discussed with the children independently. I subsequently withdrew all my financial support for 2017 and the proposed budget on the table.My husband supported both his children always, and his daughter who is now 24 years old, when the legal proceedings started he informed her that he cannot support her and will only be able to continue to support his son who started his university studies in 2016. We then informed them about his personal financial situation.She subsequently decided to alienate herself from her father and has not spoken to him since March 2017.This week his ex and her husband contacted him and iare making threats to proceed with legal action if he does not pay for her fully for 2016 and all their expenses amounting to R110,000 which they claim he agreed to.As you can image this is a complete mess and all we want to know if what is the fathers' right in this matter. Because of his title on Linked-in they are refusing to listen to any reason and are insisting he has the funds to support his daughter and of course telling him what a bad father he is. As you can image the whole relationship with his daughter has been severely damaged due to this.
Answered in 13 hours by:
11/28/2017
Christiaan K
Category: South Africa Law
Satisfied Customers: 176
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

My name is ***** ***** I will assist you in answering your question today so please feel free to ask as many followup questions as you like until you are satisfied that I have answered your question.

You have given me the background but your question, if I understand correctly, is limited to what are the father's rights. If this is not the case, please be specific if you have any follow up questions.

A child, even if he/she is a major, can claim maintenance from his/her parents and even grandparents. They have to show to the court that they have a maintenance claim and that they are unable to support themselves and they also have to show to the court that the parent they are claiming for is able to meet their maintenance need.

In other words, they will have to show that he can afford it. The father can defend the claim and submit his true income and expenses and no court will force him to pay if he simply cannot pay.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively.

Kind regards

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Customer reply replied 1 month ago
Understood thank you. At the moment the ex wife is threatening to take legal action for him to pay her 50%. As I understand the ex cannot sue him, his daughter should if she wants to. He (me) has now paid 30% directly to his daughter for 2016. He never defaulted during the years he was employed.
Customer reply replied 1 month ago
does he need to pay the full amount claimed by them? can his ex sue him for all her expenses as his daughter is living with her? As his daughter will be working next year can her father state that he regards ***** ***** 30% payment as the end of her support as she will be working 2017?

You are correct. Unless there is an existing order that he has to pay, the children will have to take action themselves.

If they start working next year then they will not have a maintenance need. They will have to show an existing maintenance need. He only have to contribute as far as he is able to afford it.

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Customer reply replied 1 month ago
no existing order from either parties and the daughter refuses to be in contact with him. He is paying for his son. He has paid what he could for 2016 to his daughter directly. The ex and her husband are not accepting this. So what would be the best answer to the ex and her husband?
Customer reply replied 1 month ago
Also we live in the UAE so how would they be able to lay an order against him?

I would not even bother to answer them but if he want to answer, he should simply deny that he is able to afford anything more than what he has already paid.

They might be able to get an order (I doubt that they will be able to do so before next year when they will be working) but it will not really be enforceable in the UAE. In other words, they will have no recourse if he does not pay, while he is in the UAE.

Please remember to rate.

Christiaan K
Category: South Africa Law
Satisfied Customers: 176
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified
Christiaan K and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you Christisn. This has been very helpful. Does an order count via email?

If they want to serve you via email, they first have to apply to court allowing substituted service.

Thanks for the positive rating. I hope I can be ofassistance to you again in the future.

You may request me personally at: www.justanswer.com/law/expert-fwlombard1.

Regards

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Christiaan K
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Category: South Africa Law
Satisfied Customers: 176
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