My daughter-in-law threatened to sue me for maintenance for my grandchild after my son fled the country to escape creditors. It seems unfair that one grandfather – and not both – should shoulder the burden. Can the court share the burden between us ?
By: דיאנה שאלתיאל•Published on: 17 May, 2022Yes. Under the Family Law Amendment (Maintenance) Act of 1959 a grandfather can be liable for the maintenance of his minor grandchild/ren if the parents cannot do so, providing that he has a surplus after providing for himself and his spouse and any of their minor children first. Furthermore, the Supreme Court has held that the court can oblige other relatives of the same rank separately, and together, and to share out the maintenance burden between them. Thus, depending on the circumstances, both grandparents may have to support a grandchild. In the particular case referred to, the Supreme Court ordered a grandfather to compensate the other grandfather who had been held liable for the maintenance of the grandchild.