My non-biological father issued a maintenance order against me

Brandon1

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Aug 29, 2017
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35
Good day

My non-biological father (I was adopted) issued a maintenance order against me, can he do that? Also what can I do to stop him from succeeding?

I am under debt review so that already explains that I can't afford it.

Any advice would be greatly appreciated.
 

Brandon1

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Aug 29, 2017
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I have a brother and sister as well, who is his real children. To me it would be fair that all of us would be required to give him money every month, but it's only me who was sued for this
 

Urist

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Mar 20, 2015
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Have you been taking care of him? signed anything with the old-age home? listed him as a dependent somewhere?
 

Brandon1

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Aug 29, 2017
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Have you been taking care of him? signed anything with the old-age home? listed him as a dependent somewhere?
No he lives very far away from me and has always treated me like trash. So I am barely in contact with him
 

C4Cat

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Nov 9, 2015
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9,301
how can a parent (adoptive or not) sue their kid for maintenance?
Who knew?
Maintenance of parents by their children

There are certain circumstances in which a child can be held legally liable to support a parent. A parent who requires maintenance has to prove that:

· He or she is not working or earns too little to support himself or herself.
· He or she has no other source of income or means whereby they can generate sufficient money to support themselves.
· Closer relatives of the parent cannot support him or her (for example, his or her spouse).


The court will hold a hearing and decide whether the child can afford to maintain his or her parent. If it is proved that the child can afford to maintain the parent, the child will be ordered to pay maintenance. The parent’s maintenance will be restricted to basic needs such as food, clothing, shelter and medical care.
https://www.bregmans.co.za/what-is-maintenance/
 

Brandon1

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Aug 29, 2017
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35
If he succeeds, does anyone know if I can add to the court that the amount must be split between all siblings?
 

Urist

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Mar 20, 2015
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Get a lawyer bro... fight this. pm me for a reference.

You didn't choose your adoptive parents, seems unfair to the highest degree.
 

xeslaro

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Jun 29, 2009
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5,236
Firstly, for all intents and purposes, there's no distinction between a biological and adoptive child, legally speaking. Both vest with the equal rights and both are burdened with same duties.

Secondly, as much as parents have that duty of care towards their children, a reciprocal duty on the kids towards their parents accrues, when that need arises.

OP, using your adoptive notion won't cut the mustard here.

At all cost, try avoid legal route. All three siblings need to mature-up to discuss and resolve the issue. It will be a sad affair venturing the legal avenue.

As for your father's legal threats - personally, that's a low blow.

Good luck.
 
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