Can Grandparents be Forced to Pay Maintenance?

Grandparents should be aware that a maintenance order can be granted against them where their own child, who is a parent is not financially able to support their minor child. In such circumstances, the duty to support the minor child may fall on the grandparents.

If the grandparents are not financially able to support their grandchild, then the great-grandparents in the ascending order (prior to considering any other relatives).

Which Grandparents are Liable for Maintenance?

Where both parents are unable to provide support, the paternal and maternal grandparents will be jointly responsible for a minor child’s maintenance.

The contribution of the biological maternal and paternal grandparents will be determined pro-rata to their respective incomes.

Requirements to Hold a Grandparent Liable?

The minor child’s grandparents will be obliged to pay maintenance where, inter alia:

• the parents of the minor child are themselves minors

• the parent(s) can prove that they are unable to support the child financially

• the grandparents stand in loco parentis, which means “in the place of a parent”

• one of the parents cannot be found, but that the grandparents (related to the absent parent) can be located

• the estate of a deceased parent is inadequate to contribute to the child’s support

Barter McKellar’s family law attorneys specialise in South African child maintenance law. Our maintenance lawyers have assisted many grandparents with family law matters. If you would like to speak to one of our child maintenance lawyers contact our offices which are based in Linden, Randburg, Johannesburg today.