Child Maintenance Saga: How a mother forced the father of her child to pay child maintenance after battling for 5 years
Maintenance Saga: When Jill was 17 years old, she met Jack. He was much older than her, working, and very charming. Jill was in her final year of high school and in love with Jack. One thing led to another, and Jill fell pregnant with his child. When she told Jack the good news, he asked her to have an abortion. She refused. Jack was then out of the picture and nowhere to be found. She did not know where he stayed, nor did she have his work details. All she had was his mobile number. This number was useless as he blocked her. The furthest thing from her mind at the time was the issue of child maintenance.
Parents finding out
Needless to say, things did not go well for Jill. Other than having to keep the fact of her pregnancy from her parents, she also had to deal with morning sickness and weight gain. After the first trimester, her parents knew something was wrong and confronted her. She told them she was pregnant. Things then just got worse. Jill’s parents took her out of school, and she was kept out of the public eye. To them, she disgraced them. What made it even worse was that Jill could not provide much information about the father of her child. Her parents, already struggling to make ends meet, had an additional burden to pay for Jill’s gynaecological visits and medication. The child was born, and Jack was still nowhere to be found. Jill named her baby James.
Realities of life
Life moved on for Jill and her child. Jill’s mother gave up her job to care for the child and Jill had to go to work. With no matric or any special skills, Jill had to get a job in retail, working the late shifts. What she earned was not enough for her and the child’s expenses. Her parents were complaining and putting pressure on her to find the father of the child to help support him. This was not the life her parents, nor she, envisaged for her.
The Shock – He was married
Jill called around, spoke to some people and found out where the father lived. It turned out, that Jack was married, since before he met Jill and has three children with his wife. When she met with Jack, he wanted nothing to do with her and said that it is not his child. He also told her that should she take him to the maintenance court, he will deny paternity. This left her despondent and she did not know what to do. He did not even want to meet the child.
Jill could not leave it at that. She had to find a way to get Jack to support his child. It is unfair that he supports his other 3 children and gives nothing towards James. She finally found out what Jack did for a living. He was a self-employed graphic designer, working from home. Nonetheless, she wanted him to pay. She, however, did not know what to do.
The Maintenance Court
Two years passed and things were not getting better financially. Jill’s mother was getting old, and her father was soon to retire. With inflation, she earned about the same as she did when she first started working. Jill then spoke to some people who advised her to approach the maintenance court for assistance and advise. She then went to the Maintenance Court. She completed the Application Form and provided all relevant information. This included the home address of Jack. She then waited. Three months later, she received a letter in the post advising her of the date she needs to appear in court for the maintenance enquiry. The Court date was a month later. She then appeared at Court, and Jack was not there. The maintenance officer had no proof that Jack knew about the court date, so she had to issue a subpoena. Jill was told to leave and that she would be notified of the next date in due course. James just turned 3.
The Blood tests
Four months later, Jill, this time received a subpoena to appear in the same maintenance court. This time, she had to appear two weeks later as they took some time to get the subpoena to her. When she entered the court, she saw Jack walking with a lady wearing a suit and holding a briefcase. He did not even greet her. Jill waited outside the maintenance officer’s office and when her name was called, she entered the office where she saw Jack and his lawyer sitting. She was the same lady she saw him walking with earlier. Before Jill could say anything, the maintenance officer told Jill that Jack is disputing paternity and that she would have to go for a blood test with the child. Obviously, if Jack is not the father of James, then Jill has no right to make the application. Everything had to be kept on hold until the results were confirmed.
The paternity outcome
The first time Jack met his son James was when the blood samples were taken. Jack still wanted nothing to do with him. When they appeared back at the maintenance court 3 months later, the results were announced. Jack was 99.99999 percent the father of James. Neither Jack nor Jill was surprised with the results. But Jack’s lawyer was. She then withdrew as his lawyer. She could not represent a client who was dishonest to her. The matter, therefore, had to be postponed for legal representation.
The Maintenance Court Delays
Three months later, Jack and Jill again appeared before the maintenance officer. This time, Jack came with his wife. She, however, had to sit outside the office when the maintenance enquiry took place. Jack said he could not afford a lawyer and neither could Jill. When asked to produce his income and expenses, he said he did not have any. He also said that all monies he gets paid go into his banking account. But for the past 6 (six) months, he did not earn any money. The case was then postponed for Jack to bring copies of the last 6-months bank statements and for the maintenance investigator to look into the matter. The matter was then postponed for another 3 months. James was turning 4.
The paternal grandparents
When the parties appeared before the maintenance officer, Jack provided his bank statements. It depicted that he did not earn anything for the past 3 months. The maintenance investigator also could not find anything of value to show that James had money. Jill knew that Jack was lying about his income, but because he got paid in cash, there was no proof of the fact. It was then decided that they will call in the paternal grandparents to contribute towards James’s maintenance. This made Jack very nervous as his parents did not know that he had a son. Nonetheless, they were subpoenaed to Court. The matter was then again postponed for 3 months.
The maintenance settlement
When the parents of James and his grandparents appeared at the Maintenance Court, they were distraught. Never would they have thought they would ever have to visit a Court. What made it worse was that they were there because their son did not want to pay child support for his child. Embarrassed with the situation, Jack agreed to pay child support to James, on condition that his parents are kept out of the settlement. Jill agreed, and a maintenance order was granted.
Moral of the story
Never give up on claiming child maintenance for your child. Even if it takes you almost 5 years.
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View some of our other Child Maintenance Articles below
Failure to comply with a maintenance order First of all, what is a maintenance order? A maintenance order is a direct instruction from the court to the parent, to pay child maintenance/child support. Maintenance defaulters very seriously and therefore, failure to comply with the order is classified as a criminal charge. This implies that the order is legally enforceable – in other words, the court can, and will intervene. The defaulting parent can therefore lay a criminal charge at the court after they have applied for a maintenance order at the Magistrates Court. Maintenance Court Procedure Every local area will have its own magistrate’s court which is also a maintenance court that deal with maintenance legal matters. You may visit your closest magistrate’s court in which the maintenance officer will advise you as to what to bring along. When trying to claim for maintenance or apply for an order, you will need to bring along: Your identity document Your child’s birth certificate A payslip to show what you earn Bills and receipts that could be of help The name of the other parent, place of work, and other relevant details A recent photograph of the other parent, if you have ...
There is a Legal Responsibility on the Maintenance Magistrate and Maintenance Officer to actively partake and ensure that all relevant information is before the Court in a Maintenance Enquiry. On 16 May 2019, Advocate Muhammad Abduroaf flew up from Cape Town to Port Elisabeth to argue a Child Maintenance Appeal. The Appeal was before the Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown. It is the case of N v M (CA127/2018) [2019] ZAECGHC 73. The Judges were Acting Justice S Rugumanan, and Justice I T Stretch. Advocate Abduroaf was instructed by Nicole Lawrence Attorneys of Cape Town. The appeal was argued on 17 May 2019. The Court increased the maintenance from R 1000 – 00 per month to R 5000 – 00 with costs. A 500 percent increase. The case showcases the responsibilities of the Maintenance Magistrate and Maintenance Officer to play an active role in a maintenance enquiry. Factual Background of the Case This was an appeal in relation to a child maintenance award made by a magistrate in a maintenance enquiry in the Port Elizabeth Maintenance Court. The maintenance enquiry was concluded on 14 November 2017. On 22 ...
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Tricks and tips on how to win your child maintenance case Connect with Adv. Abduroaf- Click here Child maintenance legal issues might sound simple, compare to, for example, a criminal case of fraud. However, a child maintenance case could be much more complicated, challenging and exhausting. That, however, does not have to be the case. At least not always. Find out some of the tips and tricks provided by Advocate Muhammad Abduroaf, a family law expert with more than a decade of experience in family law, and child maintenance matters. Read on to find out some tips and tricks of the trade. Valuable advice is given on what to do through the maintenance court process. Download your Child Maintenance Calculator, click here. [maxbutton id="2" ] Child Maintenance and Applications - How does it work? The focus of this article is not to explain how child maintenance work, or how to apply for child maintenance. There are many articles written on that topic. But in short, parents must pay according to their means. So, if a child’s expense the month is R 60 (obviously this is a fictitious example) and the father earns R 500 a month and the mother R ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Bellville. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Bellville Whether you claim child maintenance in Bellville, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Bellville. The maintenance scenario – Bellville South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
What do I do if I am not happy with the maintenance court judgment? Is it possible to appeal it? If yes, what are the steps and laws involved? Child maintenance or child support is the right of every child. It is not only a legal right, but a moral duty on all parents to adequately care and provide for their children. Unfortunately, not all parents uphold their duty and responsibility to adequately maintain their offspring. This is a very sad reality. If this is the case, a parent having primary care needs to approach the Maintenance Court for a Maintenance Order against the other parent. This would force the parent neglecting his or her child to pay child support. You may also consider reading the following articles on maintenance court appeals: What do I do if I am not happy with the maintenance court’s ruling? Is it possible to appeal the decision? Successful Child Maintenance Appeal before the Full Bench Argued by Adv M Abduroaf Options parents have when it comes to claiming and enforcing child maintenance orders If a maintenance order has been made, and a parent against whom the order was made does not comply with its ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Pinetown. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Pinetown Whether you claim child maintenance in Pinetown, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Pinetown. The maintenance scenario – Pinetown South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Learn how the Child Maintenance Court Application process works - Advocate Muhammad Abduroaf Watch this 10-minute video where Adv. Muhammad Abduroaf explains how child maintenance applications work. He explains the principles and the legal process. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws ...
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How much child support should you claim or pay? It is not only mothers who want to know how much maintenance they should claim. Fathers are very much interested in wanting to know how much they should pay. It is my view that there is nothing wrong with a father wanting to know whether or not he is paying too much maintenance. This is so as it is both parent’s responsibilities to maintain a child according to their means. However, what I do have the issue with is when fathers try to avoid their maintenance obligations. Even if you are unemployed, you can still pay maintenance depending on your means. And then you have mothers who want to exploit the fathers. The same applies when the roles are reversed. This is when the father is the primary caregiver and the mother pays him child support. - Adv. Muhammad Abduroaf LL.B LL.M - Advocate of the High Court of South Africa. Purchase a Consultation with us from our Online Shop, by clicking here. Common child maintenance questions How much child support should I claim for my child? How much child support should I pay for my children? The father of my ...
Family Law Service - Advocate Muhammad Abduroaf - Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you're facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference. Expertise and Specialisation One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions. Personalised Approach We recognise that every client and every case is unique. That's why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop ...
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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Umlazi. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Umlazi Whether you claim child maintenance in Umlazi, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Umlazi. The maintenance scenario – Umlazi South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Secunda. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Secunda Whether you claim child maintenance in Secunda, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Secunda. The maintenance scenario – Secunda South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Swellendam. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Swellendam Whether you claim child maintenance in Swellendam, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Swellendam. The maintenance scenario – Swellendam South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Boksburg. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Boksburg Whether you claim child maintenance in Boksburg, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Boksburg. The maintenance scenario – Boksburg South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Rustenburg. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Rustenburg Whether you claim child maintenance in Rustenburg, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Rustenburg. The maintenance scenario – Rustenburg South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
Appealing a Maintenance Court Decision or Judgment In its very nature, maintenance matters are complicated and never straight forward. For starters, it deals with the income and expenditure of both parents and the needs of the child. It is not easy for a maintenance court to determine with a high degree of certainty what the true income of a self-employed parent is. The same applies to the true expenses of a parent. Manipulating the maintenance system It is very easy for a parent to manipulate documentation or only present information which he or she believes would be in their favor. For example, if a parent earns extra income by selling clothing, he or she may decide not to disclose that information to the maintenance Court. By doing so, the Maintenance Court will determine the maintenance of the child based on the incorrect facts presented. This could become more problematic when one parent knows of the other parent's additional income but cannot prove it. If the parties have legal representatives, this issue of improper disclosure is limited to a certain extent. For example, lawyers would be in a good position to do their own investigations and verify certain relevant information. Improper ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Bethlehem. Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case. Claiming child maintenance for your child in Bethlehem Whether you claim child maintenance in Bethlehem, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Bethlehem. The maintenance scenario – Bethlehem South Africa In this article, we will deal with the following fictitious scenario, in a child maintenance matter: The Child is seven years old and attends school in ...
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the father of my kids does want to want to give any money because he is saying he will not support me but the kids lives with me in my mothers backyard in a wendy that is leaking with no window no safety gates no wiring and this happen last week wednesday without thinking twice to put me out on the street with my kids and now he is saying the socail worker said that i should pay half of everything wirh our childrends child support grant and he now dont want the kids to live with me but with him what should i do please i need hlp