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Family law — maintenance — when appeal court will interfere with maintenance award — child cannot be deprived of necessary support because person D paying maintenance is also supporting elderly mother
An appeal court will not interfere with the determination of a maintenance court unless it misdirected itself or made an award such as no reasonable court would have made.
The appellant was ordered by the maintenance court to pay an increased amount of maintenance for his illegitimate child.
On appeal the appellant argued that the maintenance court had paid insufficient regard, amongst other things, to the fact that he was supporting his aged mother.
The appeal court held that his obligation to maintain his illegitimate child took precedence over that of his mother and accordingly he was not entitled to deprive the former in order to provide for the latter.
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