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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Please advice. I am a divorced father of 5 children. My take home salary is R16000 a month and my ex wife's take home is R26000 a month. I am paying the following: kids medical aid R5000 whilst she's only alone in her medical aid Car installment R4600 a month whilst she's got 2 cars Car Insurance R1000 a month Rental amount of R5000 a month whilst she's got 2 houses School fees for my 2 daughters of R1400 a month 2 Kids transport fee R1600 a month Elder son transport R600 a month Last born's Nanny R2000 a month Collecting kids to visit me R400 a month My food and electricity and water R1500 a month Maintenance for all kids of about R2000 which includes arrears I also have pay 50 percent towards clothing for all the kids including school uniform and books The Total is - R25500 a month of which I cannot clearly afford from my R16000 take home salary. Please help me with advice as to how do I appeal this as I cant even afford an attorney. Best Regards Good day You need to make an application for the substitution of the maintenance order with ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Seshego. 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 Seshego Whether you claim child maintenance in Seshego, 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 Seshego. The maintenance scenario – Seshego 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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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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Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Randburg. 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 Randburg Whether you claim child maintenance in Randburg, 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 Randburg. The maintenance scenario – Randburg 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 ...
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 ...
What is child maintenance / child support? The terms “child maintenance” or “child support” is pretty much self-explanatory. To put it simply, it is when both parents sees to the needs and well-being of their child / children. Needs can be classified as food, clothes, education, medical expenses and other general maintenance of the child’s living costs. Child Maintenance Law This is where the guidance and help of a family law legal professional comes in handy. To understand the rules and regulations that govern child maintenance/child support, expert legal advice is required from a professional. The Child Support Act is there to ensure that both parents fulfill their legal obligations towards their child/children. In other words, the Act ensures that parents continue taking care of their children even after divorce. Child Maintenance includes the basic necessities such as: Shelter Clothing Medical Care Schooling Food Any legal executions regarding maintenance shall be carried out in accordance with the Child Maintenance Act. Maintenance Court Procedure Find out where about is the closest magistrates’ court in your area and pay them a visit. It is however, important to bring along the necessary documents such as: Birth certificate of your child/children. Your identity document ...
Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Empangeni. 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 Empangeni Whether you claim child maintenance in Empangeni, 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 Empangeni. The maintenance scenario – Empangeni 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 ...
ABC guide to applying for Child Support/Child Maintenance Child Maintenance Guide: Written by Advocate Muhammad Abduroaf The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Remember, the Maintenance Court would be more than happy to assist you with whatever other legal queries you may have. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question: Q: From whom may maintenance be claimed? A: Maintenance may be claimed from persons who have a legal obligation to maintain you. For instance, children can claim maintenance from their parents or a wife from her husband and visa versa. Seeing that children are minors, they are assisted by their parent or guardian through the maintenance process, but in actual fact, it is the child who is claiming. For the purposes of the steps below, I shall structure it as if a parent or guardian is ...
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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