Parent and child_Part 3 Maintenance.pdf

MAINTENANCE • Now expressly defined as a parental responsibility and right in the Children’s Act • Maintenance obligation is not limited to persons who have other PR & R • Continuation of maintenance obligation after majority LEGAL FOUNDATION FOR A MAINTENANCE CLAIM 1. Blood relationship 2. Pr...

MAINTENANCE • Now expressly defined as a parental responsibility and right in the Children’s Act • Maintenance obligation is not limited to persons who have other PR & R • Continuation of maintenance obligation after majority LEGAL FOUNDATION FOR A MAINTENANCE CLAIM 1. Blood relationship 2. Presumed blood relationship 3. Another fact which treats parties as blood relations 4. Persons who act in loco parentis e.g. stepparent 5. Persons assigned full parental responsibilities rights LIABILITY OF MAINTENANCE PROVIDERS • Priority of maintenance liability depends on the nature of the family relationship. • Biological parents have the primary responsibility • Grandparents: Peterson-case and Motan v Joosub • Stepparents: Heystek-case and MB v NB REQUIREMENTS FOR MAINTENANCE LIABILITY A child is only eligible for maintenance if: (a) he/she has a need (cannot provide for him/herself) (b) the person from whom maintenance is claimed has the means to provide the maintenance What if the person responsible for maintenance does not pay the required maintenance? Approach maintenance court for a maintenance order!! Procedure in terms of the Maintenance Act as already discussed in Chapter 4 MAINTENANCE Distinguish between the duration of the maintenance obligation and the duration of a maintenance order: • No maintenance order - obligation to maintain exists for as long as there is a need and provider has the means. • Maintenance order - the obligation does not terminate automatically. Order must be rescinded. THE END!