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Maintenance / Child Support

Home / My wife and I have separated. Our 3 year old child lives with her. My wife says I am legally bound to support our son but I said it is ridiculous as has his own income from a trust fund his maternal grandfather made for him. My wife and I are Jewish. Do I have to pay child maintenance?

My wife and I have separated. Our 3 year old child lives with her. My wife says I am legally bound to support our son but I said it is ridiculous as has his own income from a trust fund his maternal grandfather made for him. My wife and I are Jewish. Do I have to pay child maintenance?

By: דיאנה שאלתיאלPublished on: 13 May, 2022

A Jewish father’s maintenance obligation is based on Jewish religious law which has been adopted by civil legislation, the Family Law Amendment (Maintenance) Act of 1959. Up until a minor is 6 the father’s maintenance obligation is absolute in Jewish law, so your 3 year old’s own income from a trust fund would not alter your maintenance obligation at this stage ,but between the ages of 6-15 it will be taken into account.


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