Child maintenance questions and answers useful to read

I have a daughter who is 3 years old. I’m having a problem the father of my daughter doesn’t support the baby every month he only deposit the money when he want. I am afraid he can leave South Africa without support her. He is from Swaziland.

We advise that you approach the Maintenance Court in our area as soon as possible.

If u take him to small Court u open an easy way to him to see had s child.

I have been paying my maintenance ( avoiding more blackmail) since birth though not in time but never skipped a month for the past 05yrs.

Now she just had another baby she decides to take me to maintenance as i refuse to double what i have been paying all this years and not just money, clothes included and a luxury pram. Now she want to go into my finance knowing very well my wife or family knows nothing bout this. She had the baby against my will. She misled me to think she was not pregnant, when I found and gave money for morning after pill and abortion. I feel like the law is protecting criminals in my case. Why is this woman failing what you teach at family planning and not suffer any consequences. She is doubling my maintenance fees yet she go and make another baby. Why is the law against men so much that even good men are destroyed by this system???

My name is Jenny.I have two kids(boys)their father was supporting them even if it was not enough for both of them then we broke up,now he is married to another women then he stopped to pay for the kids last moth I applied for the maintenance and he just got the letter today

He called me and saying allvsort of bad names and saying I will not win in court.am warred because I do not have slips for money he used to send.should I be married about this?

We don’t advise you to take his advise. Trust the court system. Ensure that you have proof of all expenses.

 

I am a father of 5 (4 different mothers). I contribute roughly R3k (All-Incl) each for all my kids.

One of the mothers wants an additional R1600 (cash value) and R2k for school fees for her child. She earns a net R19k and I a net R36k. The maintenance officer we met at court refused to consider this additional responsibility and said her focus is on the child before her. Is this legal? Can I request from her a legal representation and appear before the magistrate? Am I inconsiderate fighting this?

 

She disregarded my gym expenses and labeled them unnecessary. I also support my sick mother who lives alone in KZN and has Arthritis, BP and Diabetes. Please advise…

The Court has to make a fair ruling. We advise you to provide the court with a full breakdown of your necessary expenses and income and the court would have to decide. Both parties must do that.

Hi ever time I get a address for my daughter father to go maintenance court he moves and I have to try find him all over again and we not getting to court is there a way that I could trace him via cellular phone where would I get permission to do that so I can get a proper address and get papers served to him so we can get dates to go to court before he moves again it’s so hard haveing to keep going to file just to be told thay can not find him anymore,1815,

Good evening. The Maintenace Court should be able to assist you with this. They should advise you on what type of service of the subpoena the court requires.

Hi there, I have been married for 13 years and have 3 sons from my wife we have been separated for the passed 7 months or so but still living together she recently went on a vacation with my 3 sons they are about 1000km away from me and then she told me that shes not coming back and she wants a divorce and she went behind my back and got transfer cards from the current school. I love my kids and feel that I can give them a better life with me my wife does not work and she won’t even tell me what school she’s planning on putting the kids in. I’ve always taken care of my kids. I would like to get my 3 boys back, what can I do??

Good day

If the matter cannot be mediated and/or is urgent, we advise you to approach a lawyer and obtain a court order that the children reside with you. Feel free to call us on 0214243487 should you require a legal advice consultation on this issue.

Hy guys..I have a problem here..its a long one I’ll try to make it short..anyway i met this lady last year 2017.

she was some sort of a friend and she had a boyfriend one day she tricked me to go with her to her place which turned to be her sisters place we slept without a condom which I regretted after some weeks she kept on following me and telling one day this thing of mine wearing expensive sneakers will end..some day she found me with collegue which she accusing me that I’m dating her which I don’t..so I responded even if I was..firstly you not my girlfriend and you have a boyfriend and you and I are not iterms,one day two weeks I received an sms telling me she pregnant and nothing I will do about it.i asked how sure that you’ve been pregnant and by me.

then I sayd will do DNA tests to see the baby its mine or not.she agreed..again I got another sms telling me I should involve my family and I should give her R500 each month..

I asked her to leave me alone..she stole my file at work to find my mom and sister’s contact number and called them telling them shes month or weeks pregnant,luckily they didn’t entertain her..she came back to me calling me with private numbers threatening me with maintenance also telling me i should give my persal number..to register for creche while she was 4 or 5 month preg..

this year 24 March I received an sms telling me she gave birth I respond that I will organize a doctor so that will do DNA test,when I was checking with a doctor..she tells me her mom took her away shes out of town in jhb kagiso..again I made an appointment at NHLS in braamfontein..she sayd shes on her way but didn’t come,again I made another one she didn’t come making excuses that she wants to go to the clinic while I called her early six o’clock while clinics closed at 16:30..I sent an sms to her she must just leave me alone since she knows who the father of that child since she doesn’t wanna do DNA’s,she responded that it’s fine will do DNA at magistrate court..I responded that you’ll also tell them you you refused run away 3 DNA test which were offered by me..then June she came with two officers to deliver a maintenance letter that I should be in court the letter where she wrote that I’m the biological father I don’t wanna take responsibility of the child and needs R2000 each month..

I attended court Friday 27th they putted us in a small room she gave story I gave mine and asked what’s the use for me to be here why she ddnt come for DNA and chose to come for maintenance I wasn’t answered and gave a proof wer we had an written communication of our conversation.then I was told that I should come do DNA tests on 30th July today..and I should bring an amount of R2000 for DNA then were realease..SO I WOULD LIKE TO KNOW THAT IS IT FAIR OR SHOULD I BE WORRIED OR WHAT..WHAT SHOULD I DO OR SAY??WORD OF ADVISE GUYS PLEASE..??

Good day

If the test is positive, the maintenance process will proceed. If you are not the father then, the case will not go ahead. If you are the father, then the court would want you to pay a fair amount. Both parents must provide proof of income and expenses.

Hi, i have been living with my son for the past three years, all along he was living with ,y parent in Pretoria. I took the decision to live with him because his father didnt feel the need to have a relationship with him whilst the child was in pretoria. He has been on and off in taking responisiblity  and now that we currently live in Mpumalanga his suddenly wants a relationship with his son. I make make sure every end of term my son goes to pretoria but his father doesnt take that time to see him or do things for him. I have to remind him on a monthly basis to pay his school fees of which its R1300 sometimes he does and sometimes he doent which resulted in my son being chased out of school due to his fees not updated. Im currently under debt review as im failing to handle my debt therefore does that give me enough to apply for a maintaince because he has paid a couple of time towards the school fees only . Please help.

I have a baby boy with a girl that I have been supporting since her pregnancy and I have been giving her the money to buy for child food and I payed her bills at the hospital. Iam giving her 500 per month to support the child now she wants money for maintenance. What advice would you give me.The child is one year old.Last week I received a summon fro court about the support.,2026,

I would advise that you keep a schedule of your income and expenses and also a schedule of your history of payment. Show it to the maintenance court.,2027,

Good day

You have a strong case to apply for maintenance. We advise you to proceed.

Hi I’m staying with my husband and we have a 2years daughter together i was working before I met him them due to my daughter s illness when she was 3months i resign and he was very supportive but since my daughter recovered i told him that I want to do job hunting again i ask him to take the baby to creche he said he don’t have money for creche and he is earning 9000 pm now he is no longer supporting the baby so I’m asking if the court will assist me.

Yes, the court would assist.

Hi My Name Is Tanya My Bf Has 7yrs Old Twins Boy and girl The Twins Where Living With Us While He Was Working At His Previous Job.

And Was Earning R3800 Per Month During That Period He Rereived Maintenance Papers He Went To Court And The Mother Claimed R2000 Frm Him He Told The Court That The Kids Are Living With Him And The Mother Said She Wil Take Them True To Her Words She Took Them But Stil He Never Stoped Supporting Them And Buying Clothes And The Court Case Is Stil Ongoing And He Found Onother Job Its Been 3months Since She Took The Kids The Amount Hes Willing To Pay Is R500 Per Child But The Mother Refuses Claiming That The Kids Must Also Pay Rent Because Shes Renting And She Has Another Child Wich Is Not My Bf Child Is He Been Unreasonable For Wanting To Pay R500 Per Child I Think The Court Is In Favour Of The Mother Even After He Gave Them Proove That He Supports His Kids Do We Need A Lawyer On This Matter Please Help.

Good day

 

Feel free to call us on 0214243487 for a legal advice appointment. Otherwise, if the court ruling is unfair, you can appeal it.

Hey my name is Khumo I recently got married and my husband has a children outside our marriage and supports all of them (all three) so the mother of the first child doesn’t want to support her child and insists my husband ( the father) to do all the maintaining of the child and that the child doesn’t stay with the mother but the grandparents so she took us to maintenance court because she doesn’t want to support her child.

 

Please assist me ,2182,

Good day

 

The maintenance court would deal with the matter fairly. They would order the father to pay what is fair.,2194,

  1. im mohamed. my wife left home with baby. I want baby to live with me and have no issues with wife not having to provide as I can provide. However the wife wouldnt want this. however the wife has approached the maintenance court for maintenance. Is there a way or can the maintenance court accept my decision?

Good day

 

The maintenance court does not deal with custody issues. If you believe that it is best for you to have custody, you need to approach the court. Feel free to call us on 0214243487 should you wish to discuss your matter with a legal advice consultation.

Hi, I am also experiencing the same problem, my court date is tomorrow, and the summons was not served to the father of my children. his parents didn’t want to sign on his behalf as he is far from were we staying, so I don’t know what will happened tomorrow when he doesn’t pitch up. but I made a sworn affidavit to the police same day to provide to court as evidence.

Please assist.

Good day

He needs to be properly served. Also, the court cannot make any order against him without information regarding his financial affairs. So even if they make an order for X, it cannot be effected as he would not know about it, it cannot be executed. But see what the court has to say. Hopefully, they would find a way to serve him.

I have 2 kids which I take care of them monthly, but now the debt is huge the salary is small. I asked the parents that I Will take care of 1 child per month then the following month I take of the other, meaning I support 1 child October then November the other child, December the other one etc. One of them didn’t not accept and threatened to go to court. Is this wrong when I skip as month because I can’t afford both of them on a single month.

Good day. I have a child with a married business man who drives in luxurious cars and owns several properties, but every time I approach him with child maintenance he claims that he’s broke and if I take him to court he will pay R300 for the child coz he’s not working.

You should support your children according to your means. It may be better to pay monthly, but half. The best place to resolve this matter would be at the maintenance court.

Good day. We advise you to still approach the maintenance court. They would investigate the matter and do what is best for the child.

Good Day

I work in Sandton and live about 40km from work and my daughter will start creche in the next year and because of the distant and traffic i believe it would be best for her to go to a creche closer to my work place because 1. by the time i get home it will be late for creche collection in the local areas and 2. if there is an emergency I am always close by rather than 2 hours away. I do not have any support structure and relay on myself to look after baby. The creche is R5000 pm in Sandton as opposed to R3000 home, i have gone to the court for an increase in amount for the school in Sandton, will they consider my request as fair based on the abovementined points.

Good day

We cannot predict what the final decision of the court would be. The other parent would also have a say. If you feel it is reasonable, then you should proceed.

Hi what can i do to prove that baby daddy does not work anymore because I don’t blv that,I went to court but I wasn’t setified about the report because on social media he keep on taking photos at his work so is it posible to get print out on my on as a proof ?if yes where I can go?

Good day. Print outthe proof and take it to the Maintenance Court. The court can then subpoena the work.

Good day. I have a problem my ex is married to other man must i keep supporting the child even I don’t have access to see my child.

Good day. You need to make an application for access. We advise you approach the children’s Court ASAP.

Good Day,

 

I would like to ask, I have been divorced for 4 years with court order and settlement agreement in place.

My ex never paid the correct maintenance amount but i used what i got and made it work.

he has now refused payment as his moved in with GF and bought a house (not sure if joint or as he said, she has bought it) however, he gives me no information and decreased the kids (2 kids 5yrs and 10yrs of age) maintenance from R4k to R2K and meant to be R5600- and he also advised that as of next month he will be doing R700 only. now there is alot of threats and verbal abuse from his side.. and I am currently getting all information together in order to lay claim against him.  His overseas on holiday as of Oct, and I know many other living things that prove he can pay .. however, cant proof this as he advises that he cant make a living for himself and pay.. he would never be able to build on his life.

Now , it has been fear that has stopped me previously on the risk that he might get away with a low amount and that my kids would suffer.

I have worked on a expenditure list obtained on  maintenance court web page and want to address the court. but i dont know his actual salary- i know he has shares but again to prove it.. my question is, would i stand the chance of claiming the agreed amount of R5600? or should i go lower? and what would I need to support this to he best of my ability? kids fees for school is R5200 on its own.. so I feel its a fare amount for their upkeep ? i have recently gone in arears due to his reduction of funds as my income does not allow me to cover. any advise in this would be appreciated.. as I am running out of grace period with schools, and forced to go to court. kids regards.

Good Day,

I would like to query my chances on going to maintenance court.

I have 2 kids 5yrs and 10yrs of age, i have been divorced for 4 years with a a court order settlement agreement in place of requirements of both parties and maintenance amount for kids.

Now my ex has never made the full payment amount as agreed, but I made do with amount given. as it is an amount, plus he makes bond payment (which he has now also stopped)and i cover debt that accumulated within marriage.( i am still paying this amount)

however, he has threatend many things and kept me in line by fear of taking him to court.

but he has now reduced payment to R2k from R4K and advised that as of next month its R700.00.as this is what he would need to pay if I take him to court as that is what he can afford. Now I know he earns well, his moved in with GF in house she or he or both bought? he has the new brand expensive shoes and clothing and going overseas next month on holiday. but i dont know how to proof this? and he wont even provide his address. his meant to pay R5600 as per divorce order . I have fallen into areas on school fees and living expenses,  i would like to know what are my chances in claiming the amount of R5600? my kids school fees alone is R5200.00 and of cause there is many, many other experiences. I have been in 3 different jobs in trying to up my income, but recently took a job with slightly lower income, as the traveling was an issue as i was unable to make my correct collections times for kids, and ended up with extra funds to payout. do i have a chance in fighting this? or accept what he says in his affordability.. ? thank you kindly. i would appreciate any advise.

Good day

The Order stands and he should pay in terms of it. If he cannot afford, then he should apply to the court for a reduction. Our advice is that you lay a complaint for failure to comply with the Order. As we cannot predict the outcome, we feel that it is the right thing to do, considering all the facts mentioned.

Hi. My boyfriend left me when I told him I’m pregnant. I have no Income neither medical. Don’t even get me started on support structure. I have requested on several occasions that we need to have a face to face conversation, as to date this has not happened. I’m 4 weeks along with a difficulty pregnancy and has to be on bed rest. Atleast once a week I would get so I’ll and request help from him…which never happens. My question is what’s his rights at this moment and can I get him to give up his parental rights. His under the assumption I should do this alone and let him know when the baby is born.

Good day

As long as he is the biological father, he would have certain rights, although it may be minimal or limited. One cannot sign away parental rights. A court of law can, however, take it away. You would then have to approach the court.

Hi I’m Phunyezwa having  problem with father he didn’t pitch in court twice  now we are going in August what  next? if he doesn’t come warrent of arrest or bcz he shows no respect.

Good day

If he does not appear after being duly subpoenaed, the court can issue a warrant of arrest.

My son is 13 and his dad has his own business… he give me 400 a month for my son… I told him yesturday I need to give an deposit towards the school fees for next year… his respond was the child stay with you… I’m suppose to see to everything.

We advise that you approach the Maintenance Court ASAP for a Maintenance Order.

Hi, my father is on debt review. He pays a relatively small amount of maintenance for my brother and I but recently moved into a new apartment and is always buying himself new shoes and sport equipment. He works on the mine and gets quite big bonuses every few months. He never wants to pay even a small extra amount for clothing or snacks etc even though he is financially able. What does it cost for maintenance court and how long does it normally take until they make a decision?

Good day

 

The maintenance courts are free. How long the process depends on the specific court. It is best to contact them for that information.

Good day,

I have 2 daughters ages 16 & 14 and my ex husband left his job without having another one and now his salary has decreased significantly.  This happened in November last year and he just without noticed decreased the maintenance amount by less than half.  I have been to the magistrate court and managed to get a court order against his retirement annuity.  He has now failed to pay me the correct amount for the last 5 months and i have been again to the magistrates court, and he has now to appear in court as the magistrates wants to know why he is not paying the amount that was agreed in the divorce.  He is adamant that he cannot afford it but should he not have gone and applied for a decrease? He also purchased a new house for R4m with his new finance just before he left his job.  Will i be able to obtain the 5 months he still owes me from his retirement annuity or will the magistrate not allow this.,2451,

Good day

The law allows you to claim from his retirement. We can so no reason based on the information provided why the magistrate should not order the fund to pay you the arrears.

Ex did not pay maintenance and I did a garnishee order on his salary. Now he claims he cannot afford to pay but has bought a car for his 17yr old girlfriend and moved to a house where they are paying more rent. Will the court grant this reduction in maintenance without me being present because I would like to give this evidence as he is just going to lie and inflate his expenses.

The court would call you both to court before making their decision. You would then be allowed to give the evidence.

Good Morning

This is what I’m facing below, I don’t remember having an agreement with the COURT during the case

last year in black and white. that I should buy clothes for the child, I remember all I said to the mother of my child outside the COURT that whenever I have extra money. ill save and buy clothes for the child on winter and December, since my child is INNOCENT not suppose to be affected by the issues of he’s parents.Excluding the R800 that I am paying every month for the child support  but then she stood on that and taking it to COURT that said I refuse to buy clothes for the child and she wants R1500 now from me R400 GRANT(Government fee)=R1900 income that she’s expecting. please help me. I do not afford this with my SALARY  even to support my first Born who is 2 years old, She’s now telling me that she wish I could be arrested, now they wants me to come to COURT on the 06/11/2018.i only pay R800 every month with No due, which we agreed in Maintenance Court.

I am Simanye,I have a 3month old baby,my husband refused to give me enough money for the baby,he only gave me 400 of which it was not enough,when I told him to add more money he told me he has no money he paid a lot of things of which he didn’t produce receipt. I am also struggling he does not give me money to get things for my self,he keeps on buying alcohol every day later on tells me that I won’t get a cent on his wages,asking what do I need money for,I am asking for money from my family for me and for the child.what do I do will the court grant me maintenance?

Can the summons just be left in the post box. I found one there two days before the court date.  I am always at my home and there is no way I would have refused anyone entry. Lawyer says it is allowable.  I don’t think that is fair.

I want to know if and why the primary provider gets to choose the school, creche or rental house if they expect the other parent to pay for it. It seems unfair that you can continue renting a bigger house and expect me to pay most of it.  And with schooling – if there are two equally good schools close to each other, why should I pay R2000 extra because she chooses a specific one? I don’t get it. IF I must pay, I should be able have input in the decisions affecting my child and the finances involved.  Especially if I cant afford it?,2604,

Good day

We agree you should have an equal say in the decisions that affect the children.

Either way, you received it now, so you need to act on it.

Good day

You should approach the maintenance court. They would assist you.

Hi, My name is Mpho ,23 years of Age I have a Four 4year old Son, I have a question what are the chances of winning a Case if the father Chooses when to support the child. For Example He Gives Fluctuative amount of money Every third month n in between other months he Gives nothing..His Earning R15.000 I saw his letter of Promotion n I took a picture of it can I use it as Evidence?..And again He Has the child under his medical Aid can I ask the court to have my own card for the child  since I’m living with the child.

Good day

 

The court would have to make a fair maintenance award. We advise you approach the court and present all the facts and evidence and they would decide what is fair.

i took my baby father to child maintenance but i did not i attend the court case date. then now i re open it again do u think is he going to make it to attend the case?

If the court sends him a notification of the date, he has to attend.,2657,

Good day

It is possible. The amount and period for which you may claim would depend on the facts of the case. We strongly advise you see an attorney on this issue.

Hi Guys,

i have separated with my baby mama for 2 years, i pay for my childs school fees, transport, mini grocery   medical aid, she has taken me to maintenance court, which we went last week, she want R5000, i was told by the magistrate to continue paying for my baby & he also said it must be an interim which is i must pay the the money directly to my baby mama’s account, which is R1620, She left her job to spite me & its sales so she said she will go back once there has been an agreement at court, she was also told to do a breakdown or bring the expenses that costs R5000 for my daughter per month, with me paying for everything do you think the court will go fair on me & agree that i pay R800 per month? they also requested that i bring my payslip next on the next court date.

Already at hand i am supporting 3 families, i cant even afford to buy myself a jean at time, my girlfriend has created a file with all the expenses for my child that we spend per month, etc will this work on my favour, i have also taken her to childs court because she refuses that i see my daughter, i have filed a protection order for her, she undressed my daughter in the street & left her by my gate wearing panty only.

Good day

The Maintenance Court would have to make an order that is fair. The amount would be according to your means. You need to provide your finances to the court. If the child does not need the amount, the court won’t order you to pay it. If the amount is R 5000 and you cannot afford it, the court won’t order you to pay it.,2763,

I want to find out at what age will you Stop paying child maintenance and at which age.

There is no specific age. When the child is no longer self-supporting, then it comes to an end.

Hi what if the father of my child keeps going abroad? And cannot be served with me court date? Will my case have to be dismissed.

Good day

Not it won’t be dismissed. The court will keep on trying to serve him. If he lives overseas, the court can still assist you.

Hi i have a 5 years old baby boy and I am still studying and the father of my son doesn’t want to help me with our son school fees ,transport and speech therapist fees and my son has speech problem which he see a doctor for….my question is should I go with the papers that shows that my son has speech problem to maintenance court.

Good day

Yes, take with all relevant documents to show what income and expenses you have for the child. Proof that he has sees a speech therapist would be useful in case he disputes it.

I am Sam, i have two yrs boy with my gf who we are both staying together, surprisingly i got subpoena from maintenance court where she demand R2000. since the birth of our son i have never skipped giving her money least been R800.my net pay is around R800. do you think is this fair as have other children that i’m still supporting and taking care of, i think she took advantage of me as i come from Lesotho, i will highly appriciate your advice.,2799,

Good day

She has the full right to take you to the maintenance court. The could would then look at all the facts and decide if her application is warranted. If she does not need R 2000, the court would not order you to pay. The applies if he needs, it, but you cannot afford.

 Please advise why is that the mother has to be primary caregiver and not the father,why is it that the gets preference?

Hi Daddy Dearest

 

perhaps lets be realistic here and be honest, why were you deemed unsafe for your daughter?is all this really the truth or the truth you want people to believe? it is always best to be honest when looking for advise so people can give you the correct advice.please do give feedback on  what the court says because you can not fool the courts.

Hi Daddy Dearest

perhaps lets be realistic here and be honest, why were you deemed unsafe for your daughter?is all this really the truth or the truth you want people to believe? it is always best to be honest when looking for advise so people can give you the correct advice.please do give feedback on  what the court says because you can not fool the courts.

There is no law that says the mother must be the primary caregiver. The law looks at what is best for the child for a specific situation.,2825,

Hi i have 14 boy son with my ex girlfreind but now  i am married i havee been supporting my child since he was bornbut now his mother demand R2000for mintanance i have 3 kids  to take off i only getting 6800 a month i also heve 3 tree children to look after she also have 5 months old babe which is not mine petrol to go to work support my family as i am the only one workingassist me qith any advice.

Good day

 

You would pay what is reasonable, and what you can afford. If the mother believes that you are not paying enough, she must take you to the maintenance court and they would decide what is a fair amount.

Hi, I have a 4 year old daughter and the dad has never contributed since birth of the child and I have told him many times to help with finances with no luck. Now my daughter is going to school next year and I told him he needs to contribute because I’ve been doing this all alone and I can’t anymore. He asked me how much I want hi to contribute and I said R1.500 every month which will go to school fees because I can take care of other things and he told me that there’s some problems at his work coz they haven’t been paying them for months now and they were striking and now he’s looking for a job. Then I asked him how much is he willing to contribute now? He said R500 for now and he’ll make sure that he gets a job before the end of this year and will contribute the required amount next year.

My question is, if he cant get a job now and I need him to contribute R1.500, what must I do? He also told me that he’s paying for a car and all that! Pls advise.

 

Thanks

Good day

We advise that you approach the maintenance for a maintenance order. They will deal with the matter and determine what is a fair amount.

Please share. Someone in need may find it useful.

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