Page 141 - The Circle of Life
P. 141

Typically the child support stops when of age, or marriage or  when finished with

               college  and  working  but  in  real  life  this  is  not  so simple even if it is stipulated
               like this in the settlement agreement. You must keep in mind that a child, even
               if  grown-up  and  of  age,  may  always  claim  support  from  you  as  his  parent.  It

               does  not  really  stop  unless  it  may  be  argued  he  is  married  in  which  case  the

               spouses  support  each  other. Still, if a child becomes destitute, whether through
               his  own  fault  or  not, there is a duty of support on you and reversely one from
               him to you. Family should help each other without the need of a court order.


               Can  you  claim  against  the grandparents if the parent fails to support the child?

               Yes in theory but you will soon find out that the courts will not easily grant such
               an order. It is the exception rather than the rule.


               Maintenance for you


               This  very  much  depends  on  the  individual  circumstances.  As  seen  you  already
               have  access  to  the  half  of  the  pension  fund  etc  and  we  often  find  something

               called  rehabilative  maintenance  which  is  where  you  are  paid  an  amount  per
               month  for  a  fixed  period  to help you to get to your feet. This is anything from

               four months to two years.


               You may also claim money for yourself and the amount varies considerably. Note
               this got nothing to do with child support which money must  be used for the child

               and  the  child  only.  Most  of  the  arguments  are  about  this  where  the  feeling  is
               that the child support money is abused for other things. Strictly speaking that is

               theft  though  I  never  heard  of  someone  actually  arrested  for  it. Keep record of
               how you spend the money and get receipts. Be open about it and discuss it with

               your ex is my advice. Don't create problems.

               We  find  that  most  vastly  overestimate  the  actual  costs  of  a  child  (there  is  no

               fixed amount) and remember you will have to substantiate what you claim and if
               unreasonable the court will reduce it and it depends on what is affordable to the

               payer. I read of some claiming thousands of dollars for this and unless your ex is

               a millionaire or rock star you are absurd. Get real for the courts will be real and
               you will make a fool of yourself. Or did your lawyer made that decision to write
               more fees? So that you get what you want after the court reduced it? Very bad



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