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I'm the biological father of an 18 year old boy who has

Good day, I'm the...

Good day, I'm the biological father of an 18 year old boy who has recently matriculated. I've been paying the court appointed maintenance as well as other costs not mentioned in the courts order out of my own will. My question is: Now that my son has finished school and is 18 years of age do I still have to pay the court appointed amount of maintenance over to his mother? Please understand I will of course support my son financially whilst he is finding his feet in life, but do I legally have to pay money to his mother in any way anymore?

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Mmmmm Got divorced in Gauteng in 2000, They are currently in Mokopane

Lawyer's Assistant: Have you talked to a lawyer yet?

Nope

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope,thats it

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Customer reply replied 7 months ago
I have been living and working in New Zealand for the last years. Got divorced in South Africa (Gauteng) in 2000 and my son and ex-wife is still living in South Africa (currently in Mokopane)
Customer reply replied 7 months ago
4 years in NZ
Answered in 3 hours by:
12/4/2017
Christiaan K
Category: South Africa Law
Satisfied Customers: 226
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.

It would depend on the exact wording of the maintenance order.

Even though your son is now a major, the law does make provision for the payment of maintenance to the parent he is living with until such time as he becomes self supportive. I guess this was done in order to avoid children having to litigate against their parents.

You will have to peruse the maintenance order to see exactly what the wording if it states in relation to the payment of maintenance to your son and how it is to be done.

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 7 months ago
Good day, thanks for your quick reply. The maintenance order simply states I am to pay (from June 2000) R500.00 per month with a yearly 10% increase for the under aged child directly to the ex. It states nothing further
Customer reply replied 7 months ago
Good day, thank you for the quick response. I have attached the maintenance order. It simply states that I am to pay R500.00 for the underage child to my ex from July 2000 with a 10% increase annually. Not a word more.

Unfortunately, it looks like one of those aspects that is unclear. It can be argued both ways i.e. you have to keep on paying as the order makes no mention of when you can stop. On the other hand, the order refers to minor child throughout so you can argue that since the child is now a major person, there is no obligation on you to stop.

My advise would be to approach the mother or the child and tell them that you consider your obligation in terms of the court order to be fulfilled and as such you will stop the payments. You will then get an indication if they intend to pursue the matter further.

Please remember to rate.

Regards

Christiaan K
Category: South Africa Law
Satisfied Customers: 226
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 7 months ago
Thanks for your advice. I will continue to support my son, it's the right thing to do but in nie understand I can concider the court order concluded. I will rate your service. Thanks once again

Thank you for the positive rating.

If you need my assistance again infuture, you may request me personally at: http://www.justanswer.com/law/expert-Attorneyza/

Regards

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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