Maintenance Issue (Hypothetical)

[Dolby]

Not my situation and actually no one I know - but it did come up in conversation the other day and I'm sure some here have got through this :

Divorced or separated parents - how leniant/non lenient are courts towards dads nowadays? In this day and age having sufficient disposable income doesn't come easily - do courts just increase without thinking of the dads finances?

If the dad *physically* cannot pay more than x - can the courts just say 'we don't care - make a plan'? If after paying petrol, food, home etc the dad has R3,000 left - can the mom just demand R5,000?

 

[SauRoNZA]

Everyone needs to provide evidence of their income and reasonable expenses on all sides.

So in short, no.

 

[Alton Turner Blackwood]

Being in the situation at the moment: You get the subpoena to go to court on day x. On the subpoena it states that you need to complete an income and expenditure form (it forms part of the subpoena) as well as provide proof.

You then go to court and what I didn't know was you get helped in the order that BOTH parent arrive. Court starts at 9. I got there at 09:10, the (ex) wife at 08:00. Due to me being late, we were only called at 14:30. Second last

The maintenance officer never looked at any of the forms they told me to complete, or the proof that I had. He just asked me how much I can afford to pay. I then told him I will pay X, and that I'm also going to keep them on my medical aid and pay the school fees. My ex does contract work so sometimes months go by without work so I tried to cover for those times because I'm not going to let my kids suffer.

The only thing that she has to cover is the place they will live in

He then turned to the wife and asked if she's happy with the arrangement. She agreed.

We then went to the magistrate and it was made an order of the court with three day leeway. That means I have to EFT all monies by the 28th of the month since I'm getting paid the 25th.

 

[B-1]

As said above they take your circumstances into account. But this hypothetical person will have to approach the magistrates court and ask for the maintenance agreement to be amended. Which in itself takes time and money.

 

[Alton Turner Blackwood]

Divorced or separated parents - how leniant/non lenient are courts towards dads nowadays? In this day and age having sufficient disposable income doesn't come easily - do courts just increase without thinking of the dads finances?

Just about this part. The maintenance order has to be signed by both parents and the magistrate, so no. The courts don't increase to any amount that the one parent demands.

Oh, another thing I forgot to mention. If you fail to pay by the due date, and your spouse goes to court again, you get 10 days to either pay or go to court to explain, failing which, the magistrate will issue a garnishee order against your salary and send it to your employer with the sheriff.

 

[pinball wizard]

As said above they take your circumstances into account. But this hypothetical person will have to approach the magistrates court and ask for the maintenance agreement to be amended. Which in itself takes time and money.

Time, sure, but why money?

 

[pinball wizard]

Just about this part. The maintenance order has to be signed by both parents and the magistrate, so no. The courts don't increase to any amount that the one parent demands.

Oh, another thing I forgot to mention. If you fail to pay by the due date, and your spouse goes to court again, you get 10 days to either pay or go to court to explain, failing which, the magistrate will issue a garnishee order against your salary and send it to your employer with the sheriff.

Meh, I had my ex wife arrested for failing to pay maintenance.

 

[Dolby]

He then turned to the wife and asked if she's happy with the arrangement. She agreed.

And if she disagreed ?

Thanks for all replies!

 

[Alton Turner Blackwood]

And if she disagreed ?

At first she disagreed and wanted a higher amount, but then I explained to the maintenance officer that I'm paying for school fees, medical aid and whatever they need - things like phone, laptop, etc. The money I'm giving her is for their food, clothes and entertainment.

He then looked at her and told her that he thinks it's a fair agreement, to which she just nodded, we signed and then went to the magistrate next door to make it official.

The maintenance officer is more of a mediator than anything else, you will not leave there until there is consensus. They couldn't care less about the amounts involved. Their job is only to get you to reach some sort of agreement so that the magistrate can make it an order for you to abide by.

 

[SAguy]

My dad has been fkd badly by courts over the last 15 years with his second wife.

He pays something like R12k maintenance, plus has to pay all education, including university.

My stepsister is now 25 and the mom still claims maintenance. The stepmother has created fake loans and all kinds of things and the court just laps up all her sob stories. Meanwhile she actually quite work because the maintenance is enough for her to sit at home on her tief ass and do nothing.

It's crazy... she buys a new car but then immediately takes my dad to court saying her daughter needs to use the car x% of the time so he needs to pay x% of all vehicle costs. Literally bought a new BMW and the courts agreed that my dad's contribution needed to increase.

The courts have finally started to wake up. Last time my dad went the exwhorewife was removed from chambers because she started shouting and screaming because she wasn't getting her way.

 

[Alton Turner Blackwood]

My dad has been fkd badly by courts over the last 15 years with his second wife.

He pays something like R12k maintenance, plus has to pay all education, including university.

My stepsister is now 25 and the mom still claims maintenance. The stepmother has created fake loans and all kinds of things and the court just laps up all her sob stories. Meanwhile she actually quite work because the maintenance is enough for her to sit at home on her tief ass and do nothing.

It's crazy... she buys a new car but then immediately takes my dad to court saying her daughter needs to use the car x% of the time so he needs to pay x% of all vehicle costs. Literally bought a new BMW and the courts agreed that my dad's contribution needed to increase.

The courts have finally started to wake up. Last time my dad went the exwhorewife was removed from chambers because she started shouting and screaming because she wasn't getting her way.

The law states that once a child reaches 18 years of age and is still not self-sustainable, it is their duty to apply for maintenance, not the other parent. The maintenance money would then be paid to them and not to the parent.

 

[SAguy]

The law states that once a child reaches 18 years of age and is still not self-sustainable, it is their duty to apply for maintenance, not the other parent. The maintenance money would then be paid to them and not to the parent.

The ex-wife got the daughter to write a letter saying she is not capable of handling money and her mom handles all her financial affairs. Yet she's completed varsity and has a job of her own.

The mom claims that she is not able to maintain a certain lifestyle on her own salary alone, so my dad still needs to pay.

Up until now courts have fully agreed.

 

[B-1]

Time, sure, but why money?

Getting some legal advice before you approach a court is always a good idea.

 

[pinball wizard]

Getting some legal advice before you approach a court is always a good idea.

Plenty of pro bono lawyers and advocates out there. I went through High Court proceedings with a pro bono advocate once.

 

[Alton Turner Blackwood]

The ex-wife got the daughter to write a letter saying she is not capable of handling money and her mom handles all her financial affairs. Yet she's completed varsity and has a job of her own.

The mom claims that she is not able to maintain a certain lifestyle on her own salary alone, so my dad still needs to pay.

Up until now courts have fully agreed.

Sounds to me your dad is paying spousal maintenance, not child maintenance...

 

[SAguy]

Sounds to me your dad is paying spousal maintenance, not child maintenance...

Nope, child maintenance.. that's the joke of it all.

 

[6spdmanual]

I’ve always been of the perception that courts are out to get the fathers in situation like these. We hear story after story of the father being the one having to carry the maintenance.

 

[GhostSixFour]

Nope, child maintenance.. that's the joke of it all.

I would approach the courts again. Have the daughter come along with a salary slip and an income statement.

 

[SAguy]

I would approach the courts again. Have the daughter come along with a salary slip and an income statement.

It's easy to go to court with a fake loan agreement that you have with a family member, saying that half your income goes to paying off this load. Courts don't seem to be bothered with going in and checking

 

[GhostSixFour]

It's easy to go to court with a fake loan agreement that you have with a family member, saying that half your income goes to paying off this load. Courts don't seem to be bothered with going in and checking

Has he considered murder? @MightyQuin - I think you said you'll be able to get away with it?