Brandt v Brandt (2001) JOL 8644 (C)

Main Issue: Maintenance/duty to pay

Findings: Respondent is the appellant’s daughter. She instituted action against appellant for payment of maintenance. The court of first instance assessed her need for maintenance and set a date by which maintenance payments would cease as appellant was no longer a minor. On the basis of evidence appellant produced, she has also become self supporting. Court held that as a parent’s duty to pay maintenance depends on the child’s need and the parent’s ability to pay, the court agreed that payments would cease as appellant was no longer a minor and already self supporting but ordered payment for one last month leading up to the date on which the previous order held payments would cease.

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