I’m 18 and my mom is forcing me to sue my dad.
I’m 18 and my dad stopped paying child support for me, but he is still paying for my sister who is 15. My parents have been separated for about 4 years. My mom wants me to sue him so that he could pay until I can take care of myself. My dad makes a lot more money than my mother, but is also struggling. I don’t have a relationship with my father, but I don’t want to sue him. I think she will disown me if I don’t do it. I don’t know what to do. I want to go overseas to work while I’m on my gap year, but now I’m not allowed to because I need to sue my dad.
The delay in replying to your post much earlier than now is regretted. You see, South Africa law does not terminate the duty of a father or mother or guardian to pay child maintenance simply because the child turns 18 years of age. No! As a matter of fact, maintenance continues until such stage where the child becomes self-supporting. However, because you are now 18 years, the law requires you (not mother) to prove how much maintenance you need. Having said this, your mother in my opinion is not forcing you to institute maintenance proceedings against your father, instead, was reminding you of your legal entitlement. Having said that, if you feel you can support and take care of yourself, then you do not have to file for maintenance. Thank you.