Skip to main content

Posts

Showing posts from January, 2021

Maintenance: Who is legally liable to maintain who?

According to South Africa law, particularly the common law, both parents (whether in a relationship or not) are obligated to financially support their children.   While this article will only discuss the maintenance of children, it is also important to note that other parties may be legally liable to pay maintenance. In some instances, grandparents are legally liable to maintain their grandchildren if their children, that is to say the grandchildren’s parents, are unable to maintain the grandchildren. Again, this is only if the grandparents are financially able to maintain their grandchildren.   Husbands and wives are also legally liable to maintain each other whilst they are married and, if the divorce court makes an order for spousal maintenance then there will also be a legal obligation to maintain an ex-spouse after the divorce.   Lastly, children may be liable to maintain their parents. This is only if the parents can prove that they are in need of maintenance and that the child o