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I thought if you turned 21 your parents can no longer be held liable for your actions. If not then I see some serious troubles a head. The responsible thing to do would be to "Sterilize" your offspring to minimize any long term financial loss.
No grandchildren no maintenance would be my argument?
I have been through this mill as well.
In my experience, the child is the last thought on everybody's mind, including the courts.
Its not 21 or the childs ability to earn that will determine the end of the obligation. Its all in the numbers of who earns what and who can afford what.
Usually the earning part starts with what size attorney you can buy, which is where the problem starts and where law deviates from morals and practical solutions.
The inclusion of grandparents into the equation is one of these issues which just creates further antagonism and at the end of the day the child is the loser.
In my case, my mother, does not see her Grandchildren at all and has excluded them from her life completely, blaming their mother for raping the system and scared to get involved at all, in case the legal system threatens her again.
The children themselves now well into their 20's do not have any family values, have strange attitudes to people and life in general.
Thats, as far as I can determine, thanks to the legal system, the courts and a mother who used them to her full advantage.
I believe there should be a global number attached to child maintenance. Say R500 a month for everybody.
So if you have a child and you get divorced or separated - the parent with the child gets an automatic R500 a month from the other.
No further legal battles allowed - no further drawn out scenarios in court or council.
It kicks in as an understanding right at the start when pregnancy in determined.
When divorce happens, salaries gets garnished via that court procedure and thats that - no sheriffs knocking on doors at midnight or arriving at work with summons's and other legal documents designed to threaten and create stress and hate. No endless legal arguments and attempts to extract what you do not have.
All other amounts paid will be as a result of parents wanting to help the children directly, not payments to ex'es to keep up lavish life styles.
yip the last court case with my ex over maintenance...i handed over R10 000 to her and she paid it straight over to her attorney for fees and services and that was for an out of court settlement...i do believe her attorney...advised her she was wasting her time and he would end up suing her for his fees if it dragged out for much longer...because you can only squeeze so much water out of a rock...so who benefits...not the kids.
and i agree with the set figue...like tax...it should be a figue determined by your salary...on both sides.
Hello Murdock,
You have discussed a very important issue that most of the males face nowadays in South Africa. The wife forces her present husband to pay everything for her and for her kids of her ex-husband. As soon as the kids left the high school, the wife leaves the husband and takes everything from home and property. Still, after leaving the husband and giving divorce, the wife tactfully make her husband pay for all as he mentioned the same in the divorce. This is totally unlawful. Talking about the divorce part, you have mentioned that the husband has to pay the maintenance as long the kids become self-supportive. But, if they become self-supportive at the age of 30? It is a long way to go dear! Keeping aside the divorce matters, you can claim a child custody case in the court against the women to pay the maintenance equally until the kids become self-sufficient. Even, you can claim a maintenance case against the woman. I will suggest you hire a professional lawyer who will understand your problem and will give the suitable solution.
I am posting the for my Daughter. We live in the UK. Her ex husband returned to South Africa 5 years ago. He left two children now aged 9 and 7 since leaving he has not paid one penny support. How can we get payment from him. I would welcome advice
I am posting the for my Daughter. We live in the UK. Her ex husband returned to South Africa 5 years ago. He left two children now aged 9 and 7 since leaving he has not paid one penny support. How can we get payment from him. I would welcome advice
We have what is called reciprocal maintenance agreements (http://www.justice.gov.za/ilr/intmnt.html).
This allows you to use a local legal system to get enforceable orders in another country
Anthony Sterne
www.acumenholdings.co.za DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
That's really a damn thing anyway. That's for sure need additional work, cause both of you cannot simply work some more to get there for basically anything. Each of your step in life should be written in that divorce and marriage agreements today.
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