n South African Law Journal - The duration of the duty to maintain and of a maintenance order
|Article Title||The duration of the duty to maintain and of a maintenance order|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Publication Date||Jan 2008|
|Pages||715 - 730|
The duty to maintain comes to an end ipso jure once there is no need for a contribution towards the maintenance of the child from either parent. The fact that the child is in a position to earn an income, has become a major, is married, earns an income, or is guilty of gross ingratitude towards the person responsible for the maintenance does not in itself bring the duty to an end. These are merely factors in determining whether there is still a need for a contribution towards the maintenance of the child from either parent.
The duty to maintain underlies a maintenance order. This does not mean that the order fluctuates automatically according to the fluctuation of the incidence of the duty. The order has its own terms and should be given effect to in accordance with its terms. The fact that the order may at some stage not correspond with the underlying duty does not mean that it is automatically varied or discharged to be in accordance with that duty. If it does not accord with the duty, it can only be varied, substituted or discharged by the court on the request of one or both of the parties.
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