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

Good day, I'm the biological...
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?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Mmmmm Got divorced in Gauteng in 2000, They are currently in Mokopane
JA: Have you talked to a lawyer yet?
Customer: Nope
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope,thats it
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Customer reply replied 12 days 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 12 days ago
4 years in NZ
Answered in 3 hours by:
12/4/2017
Christiaan K
Category: South Africa Law
Satisfied Customers: 162
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 10 days 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 10 days 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: 162
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 9 days 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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Christiaan K
Christiaan K
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Category: South Africa Law
Satisfied Customers: 162
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Experience: Attorney & Director at Lombard Kotze Incorporated

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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