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Was wondering if you can lead me, my mother-in-law are

Customer Question
Was wondering if you...

Was wondering if you can lead me, my mother-in-law are staying on her own with a little income and it is not going good its really bad. There are four children who are well off and can help to support her she is no longer capable at looking after herself they can support her into a home for old and pay the bills, but only my husband and the one brother are willing, is there some actions that one can take to make them all know there responsibilities, I mean they live good enough to help her.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Thank you so much

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I do not know if I has any rights for that matter.

Lawyer's Assistant: Family law varies by state. What state are you in?

SOUTH AFRICA

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

No thats good, just want to know what I can do in this situation

Submitted: 3 months ago.Category: South Africa Law
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Answered in 6 hours by:
4/1/2018
Lawyer: CaseLaw, Attorney replied 3 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Most people know that your children can claim financial support from the parent. e.g. child maintenance / child support.

But what most people don't know is that a parent can also claim financial support from the children. The only thing is that a parent basically needs to be "living on the streets" for a court to intervene and order the children to support the parent. It is a much harder test. Much stricter, but it can be done, and it's done often!

The parent will need to prove to court a number of things, including:

- Their ability to maintain themselves

- What they actually need on a month to month basis to survive

- Their children's ability to support them

A court will take all of those factors into account and if the court orders the children to support the parent, then all of the children will need to pay equally.

If your mother-in-law is serious about moving forwards with such an application to court, then I would advise doing it right and hiring an attorney to assist in court. Things can be tricky, and your mother-in-law needs to get it right, from the start!

I am afraid that I am not allowed to refer you to a specific lawyer, however I can suggest that you can locate a suitably qualified lawyer in your area who will be able to assist you with your query at Search through a list of 334 Law Firms, Lawyers and Attorneys who operate in Maintenance Practice Area. You can use the left hand menu on that website to refine your search to lawyers working in your area!

You'll need to speak to the lawyer directly about his/her charges as they vary depending on a number of factors. e.g. small firm / big firm, years of experience, etc ...

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 3 months ago
Thank you for your response.
I understand everything, but this is not a case where the mother in law is the one that wants to claim financial support, this is that she is living so bad, no food no electricity, believe me its bad,
even if we support her with food every month, its just not enough for her to live need and well, she is financially in so much trouble I do not even know were to start and the children her own children is just hands up with the situation they don't even bother, we thought to put her in a nice home were she will be taken care of, but the other children are not willing to help cover the expenses even though they can and are more than capable to help financially, I want to know if we can take it further and let them all pay for the mothers needs.
Lawyer: CaseLaw, Attorney replied 3 months ago
But that's the exact situation that I'm explaining.
She can take it further.
She can sue her children for maintenance.
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Customer reply replied 3 months ago
Thank you, so much.. This was helpful.
Kind regards
Marti
Lawyer: CaseLaw, Attorney replied 3 months ago

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me by clicking on the star / smiley face rating system!

Regards

CaseLaw

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