Duty Of Support Essay
CHAPTER 2
2.1 Duty of support.
A consequence of marriage is that the duty of support arises between husband and wife. This support is also usually referred to as maintenance and comprises of food, clothing, shelter and medical care. The duty comes to an end when the marriage terminates. It can however be extended by an agreement between the parties or by Court Order as a result of a maintenance claim, even after the death of the party providing maintenance. If maintenance is not agreed to, or Court ordered at the time of divorce, it cannot be claimed for at a future date.
The Maintenance Act covers the duty of support or care between spouses and the duty of support between blood relations, including a contractual duty of support between persons who are
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However, in divorce situations, the Divorce Act 70 of 1979 makes provision for court orders relating to maintenance. Similarly, when a spouse dies, the surviving spouse can claim maintenance against the spouse’s deceased estate in terms of the Maintenance of Surviving Spouses Act 27 of 1990. The executor of the estate has a duty to pay the maintenance.
If maintenance is not agreed to, or Court ordered at the time of divorce, it cannot be claimed for at a later date.
The Court may make a maintenance order, which it deems just for any period including up until the death or re-marriage of the party in whose favour the order is given, whichever occurs first. Rehabilitative maintenance is awarded to a divorcing woman, for a limited period, while she trains or re-trains for a job or profession. It is unlikely that maintenance will be awarded to an ex-wife who can support herself.
In making an order the Court will primarily weigh the need of the person to be supported against the resources of the person who is called upon to provide the maintenance. These resources may include the person’s Pension Fund
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