key to the study guide - Name

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(7) Does a stepparent have a duty to support his or her stepchild?
Explain with reference to authority.
. Thescopeofthedutyofsupport
(8) Which factors does the court take into account to calculate the
amount of maintenance?
. Enforcement of the duty of support
(9) Which crime was created by section 50(2) of the Child Care Act
74 of 1983?
. Termination of the duty of support
(10) Does a maintenance order that has been made in respect of a child
lapse automatically when the child becomes self-supporting?
. The reciprocity of the duty of support
(11) Is an extra-marital child obliged to support his or her father?
Explain.
PLEASE NOTE: YOU SHOULD BE ABLE TO ANSWER PROBLEM-
TYPE QUESTIONS ON THE CONTENT OF THIS STUDY UNIT.
Below follows an example of a problem-type question:
Mrs and Mr X were married in community of property on 5 January 1991.
They have one child, Anne, who is five months old. Mrs X has two minor
children, Bob and Charles, from her previous marriage to Mr Y. Mrs X also
has an extra-marital child, Dianne, of whom Mr Z is the father. Mr X
refuses to pay maintenance for all these children. Explain who is liable for
the maintenance of each child. Substantiate your answer.
SUMMARY
This study unit dealt with the basic aspects of the duty of support in
respect of a child. In it it was explained
. that a parent, grandparent, and siblings have a duty to support a child,
but that it is unclear whether a stepparent is obliged to support his or
her stepchild
. what the scope of the duty of support is
. how the duty of support is enforced
. when the duty of support ends
. that the duty of support is reciprocal
In the next section we look at the guardianship which replaces parental
authority, as well as at curatorship.