Child support

N

NBC

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Hi Guys,

I am looking for some advice on child support. I got divorced in June 2010, and have a daughter from that marriage, now almost 5.

We used to both live in Cape Town, but the ex moved to Johannesburg at the end of 2010, and took my daughter with, to which I agreed (stupidly).

I pay my monthly maintenance, and we agreed in June last year on an increase, which is still in effect. Since December, I am being threatened with legal action if I don't pay more, even though our agreement is 6 months old. I don't want to go into figures, but I will say that I pay more than 10% of my gross salary every month. I also pay for all the plane tickets for her to visit me, which is a very expensive exercise.

I know how the basic formula works for calculating this, but what I am needing to know is, what is a reasonable % of my salary that can be expected? I am giving every single cent I can afford, and there is just no more to give at this stage.

I am trying not to get lawyers involved, because none of us can actually afford it. But a calm, rational discussion around this issue is highly unlikely.

Any advice would be appreciated.
 
NBC said:
Hi Guys,

I am looking for some advice on child support. I got divorced in June 2010, and have a daughter from that marriage, now almost 5.

We used to both live in Cape Town, but the ex moved to Johannesburg at the end of 2010, and took my daughter with, to which I agreed (stupidly).

I pay my monthly maintenance, and we agreed in June last year on an increase, which is still in effect. Since December, I am being threatened with legal action if I don't pay more, even though our agreement is 6 months old. I don't want to go into figures, but I will say that I pay more than 10% of my gross salary every month. I also pay for all the plane tickets for her to visit me, which is a very expensive exercise.

I know how the basic formula works for calculating this, but what I am needing to know is, what is a reasonable % of my salary that can be expected? I am giving every single cent I can afford, and there is just no more to give at this stage.

I am trying not to get lawyers involved, because none of us can actually afford it. But a calm, rational discussion around this issue is highly unlikely.

Any advice would be appreciated.
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Eish. Your first mistake was to allow her to move to another province. BIG mistake.

Now she can do whatever she wants with to you. Got to children (maintenance)'s court ASAP
I always read this article
 
There's no formula for the amount of child support.

The amount you're paying, has it been ordered by a court of law? You don't need lawyers or anything, but the court will calculate how much you can afford based on (both of you's) your income and expenditure, using the amount that she requires as a baseline.

So rather tell her to go report you at a maintenance court and let the court work out what you can pay. That way she can't just threaten you if and when she wants an increase.
 
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The Court will always look at their lifestyle before they separated and will also look at the husbands financial situation. They will attempt to have equal living conditions/ as close as before the separation.
 
Thank you all for the replies, much appreciated!

Fuma, most of that article fits like a glove!

I must be honest, I am quite certain she hasn't even spoken to a lawyer or anyone about this (most of these threats are made on Saturday nights), she is purely trying to intimidate, as so many times before. She is earning more than double than before the divorce, keeps upping the lifestyle and expects me to keep up.

Crowley, I do not have it in writing (other than whatsapp), but have the financial statements, which should count for something.

Yes, YingYang, the high court set the amount, however, we agreed in writing, together with a mediator that was appointed, on a different amount. Might be time to get her involved again.

Again, thank you to you all, I really do appreciate the advice!
 
If she's earning double then the court could see it that her circumstances have changed and the dependency on the maintenance has decreased accordingly. Not sure if the circumstances of the divorce will have an effect on this - i.e. Who inflicted on whom if applicable.
 
The_Other said:
The Court will always look at their lifestyle before they separated and will also look at the husbands financial situation. They will attempt to have equal living conditions/ as close as before the separation.
Click to expand...

nope... not true. My brother got divorced. His ex-wife thought she would be rolling in the money (he has his own business , makes a good living) , let just put it this way, she screwed herself. She is way worst off then she was before... and the courts decided that.

She planned it well, had slips to prove life style etc. She burned herself, because someone told her "he is rich, you'll get 1/2 of the assets and at least R30k p/m for child support, he has to maintain your lifestyle ".. she didn't even come close to R5k child support.
 
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