23/05/2022
FORMER PARTNERS CAN BE ORDERED TO PAY FOR MAINTENANCE OF FORMER STEP CHILDREN.
If you are a single parent this legal snippet is for you. Many parents have an idea of child maintenance. In the many cases that we have handled at S OKWARO AND CO ADVOCATES, we gather that at least the clients know that they can sue the father or mother (yes mother) to contribute towards maintenance of the child, but majority are not aware that you can also sue your ex partner for maintenance of your child who is not biologically theirs. Sounds crazy right!
The justification for this is to ensure that no child suffers when a person who has had parental responsibility for a child, ceases to have that responsibility.
In the case of ZAK & another v MA & anor, while giving orders for a man to pay maintenance for his former step child the court stated; "..it would be an affront to morality and the values of the Constitution for a party who has had a relationship with a child akin to that of a father or mother to disclaim all responsibility and duty to maintain the child when he or she falls out with the parent of the child."
So for those of you who are about to get married to a man or woman who has a child from another relationship and you assume parental responsibility for that child, just know that you might well be compelled to pay for their maintenance in the event that you guys separate or divorce. Any questions?
