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Your view of the other parent's behaviour has no effect on your children's right to maintenance. To enable the court to grant a fair maintenance order, both parties must provide the court with proof of their expenses. The court may also grant an order for the payment of medical expenses, or may order that the child be registered on the medical scheme of one of the parties as a dependant. The court may also order the father to contribute to the payment of laying-in expenses and maintenance from the date of the child's birth up to the date on which the maintenance order is granted. This includes providing necessities such as food, clothing and housing, as well as paying for a proper education. You may claim reasonable support that is necessary for providing the child or other person who has a right to maintenance with a proper living and upbringing. The main requirement of the means test is that the person who is liable to pay maintenance must have MEANS and the maintenance claimed must be REASONABLE.The family member from whom maintenance is claimed is able to afford the maintenance that is claimed.The family member who claims support is unable to maintain himself or herself.Any family member, irrespective of his or her age, can ask any family member to support or maintain him or her, provided that the following two conditions are met: The duty to support a family member is not limited to supporting a child.However, this varies from one case to another. his or her grandparents, whether or not the child's parents were married to each other.
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his or her parents, whether married, living together, separated or divorced, including parents who have adopted the child and/or.The duty to maintain is based on blood relationship, adoption, or the fact that the parties are married to each other.Ī child must be supported or maintained by: This legal duty to maintain is called ‘the duty to maintain’ or ‘the duty to support'. Maintenance is the obligation to provide another person, for example a minor, with housing, food, clothing, education and medical care, or with the means that are necessary for providing the person with these essentials.