Knowledge Base

Maintenance / Child Support

Home / I am an immigrant from the former U.S.S.R. and have no religion. My wife is Jewish. We have a son and she has a daughter from her first marriage . Our marriage has broken down. The children stayed with her when we separated. I have just received a plea for child maintenance for both children. Do I have to pay maintenance for my wife’s daughter ? The child’s father is alive; he is probably in the U.S.S.R., but has not made contact with his daughter for some time and my wife doesn’t know where he lives now.

I am an immigrant from the former U.S.S.R. and have no religion. My wife is Jewish. We have a son and she has a daughter from her first marriage . Our marriage has broken down. The children stayed with her when we separated. I have just received a plea for child maintenance for both children. Do I have to pay maintenance for my wife’s daughter ? The child’s father is alive; he is probably in the U.S.S.R., but has not made contact with his daughter for some time and my wife doesn’t know where he lives now.

By: דיאנה שאלתיאלPublished on: 16 May, 2022

A parent’s maintenance obligation regarding minor children is based on his/her personal, religious law. Where a person has no religious law – as in the case of someone without a religion – or the personal law does not apply, then civil legislation applies. The Family Law (Maintenance) Amendment Act of 1959 states that a married person is liable for the maintenance of his minor children and those of his spouse. However, where the biological father of the spouse’s child is alive, maintenance must be filed against him first. Only when this is done and the biological father cannot support the child at all then can a maintenance plea be filed against the child’s mother’s spouse.


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