Tricks and tips on how to win your child maintenance case

Tricks and tips on how to win your child maintenance case

Tricks and tips on how to win your child maintenance case

Advocate of the High Court of South Africa Family Law Legal
Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa

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.

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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 250 a month, then if all else is equal, the father should contribute R 40 towards the minor child’s expenses, and the mother, R 20. Now that is the long and short of the matter.

However, other factors also play a role. They include the necessary expenses of each parent, which determines how much they should contribute, as well as what assets the parents own. For example, if a father earns R 100 a month, and the mother R R800 – 00, the father would pay the majority of the minor child’s expenses if he owns other assets worth R 100 000 – 00 and the mother none.

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advice-child-maintenance-child-custody-divorceWhat are the challenges in child maintenance cases for parents?

Now we deal with the challenges. The child costs R 60 per month, but the parent who is supposed to pay maintenance, the father, in this case, is only willing to pay R 10 per month. This is what he says he can only afford and what he believes the minor child needs. He says that if he pays more, the mother would use the money for herself. But the facts as in the example above, the father earns R 500 a month and the mother, R 250. Therefore, the father should pay R 40 and not R 10 as he offers.

The challenge the mother now has is to prove that the father can afford to pay R 40 and not R 10 as he offers. The mother is worried, that should she go to the maintenance court for help, she would only get R 5 because that is what the father said he will pay should she go to court. What is our advice? Go to Court!

The Maintenance Court – What do they do?

If a parent does not pay reasonable child maintenance, the maintenance court can enforce compliance. This they would do through the Maintenance Court enquiry process. Once a maintenance order is made, it becomes a criminal offense not to adhere to it. The court may even issue a warrant attaching property, or salary.

The maintenance investigator at the Court

Each maintenance court has a maintenance investigator. What this investigator does is gather evidence in a maintenance court case. However, in practice, no one may tell you that there is a maintenance investigator who could assist you in your case. This could be because of the huge amount of maintenance cases that come through the doors of the court.

How does the maintenance court make a decision?

Now, this is where it becomes challenging. The maintenance court can only make an order against a parent if there is evidence that he or she can afford the maintenance claimed, and obviously, the amount claimed is fair. The problem in practice is, the mother alleges that the father can afford the child maintenance, but she has no concrete evidence to back it up. The father is also not forthcoming, and only shows evidence that he cannot afford the amount claimed. The mother knows that he can afford the required amount due to his standard of living and what she experienced while they lived together.

What tips are there for the mother in maintenance matters?

What follows is a list of things you can do, either yourself or through the maintenance court. However please note that the court won’t entertain your application for child maintenance should it be excessive. In other words, if you know the father cannot afford the amount claimed, or that you are intentionally claiming too much; then, in that case, you would be wasting your time. If you have a legal representative, you would be wasting money as well.

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Maintenance Court Investigator

Insist that the maintenance court instruct the maintenance investigator to investigate the financial affairs of the other parent. This you should even more so insist on if the father does not even provide the court with a copy of his salary slip and outline of expenses.

The father’s employer

Ask the maintenance court to issue a subpoena against the father’s employer for the salary advice of the father. Also, request details of the father’s pension interest the father may have.

The father’s banking account

Obtain the father’s bank statements. Here you should ask the court to subpoena various banking institutions for bank statements of the father. Bank statements hold in them valuable information about the lifestyle of a person. You may find out that the father spends half his money on his cell phone or luxury clothing. You can use this information to show the court that the father can tighten his belt and spend more money on his child. What sometimes happens is, you may find additional income coming into the father’s banking account.

Father’s Credit Profile

Have the maintenance court obtain a credit profile of the father. From the profile, valuable information can be obtained. For example, where he last applied for credit, employment and residential details. If the father says he does not have money, but he applied for credit to purchase a new car, clearly there is money.

Social media (Facebook, Twitter, Instagram, Pinterest etc.)

These days, many people publish their lives on social media. If the father, in this case, keeps loading pictures and posts of how hadvice-child-maintenance-child-custody-divorcee lives the good life; that information may be used to show the maintenance court that the father lives a life different than what he wants the court and you to believe.

Many people also make use of LinkedIn accounts. On it, they provide updated employment details. This would be useful to show the court should the father say he is an admin clerk. but on LinkedIn tell the world he is a manager.

Property Search in maintenance matters

What may be useful, is to do a property search on the father. Here you would find out what property that person owns. For example, the father may rent a house, but own a house in a different province where he obtains rent. That house he could have inherited.

Other tips and tricks in child maintenance matters

Each case is different. What would work in one maintenance matter, won’t work in another. For example, if someone is self-employed, and only get paid with cash, the dynamics are different. There won’t be any bank statements or payslips. In such a case, you need to be creative. Maybe ask questions to clients of the father and find out what he does and charges. If you can obtain the names of people the father does business with; that would be very useful. You may provide that information to the maintenance court and the investigator could follow up on it. If the father sees that you are getting somewhere, he may decide to pay a fair amount.

Final words in child maintenance matters

Your maintenance case is largely dependent on you proving that your child needs the requested amount. If you do not have proof, or cannot prove it, even if you show that the father can afford it, the court won’t order him to pay it. The court would only order him to pay what is fair and proved. Therefore, always ensure that you keep proof of your income and expenses up to date and ready to provide it to court.

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Have a family Law appointment with us

We have an online appointments system which enables you to save valuable time and cut straight to the chase. There is, therefore, no need for you to visit our offices (unless it is best for you to do so, or is your most preferred option).
You may set up telephonic or video consultations should you wish to do so. You can, therefore, stay in the office or on the couch in the comfort of your own home when dealing with us. We are therefore physical, online, set-up and ready to meet with you. Make your appointment online for a consultation today.

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250 thoughts on “Tricks and tips on how to win your child maintenance case

  1. Good Day

    my son is now 10 years old when he was much younger his father would pay here and there in all the years i have been supporting him… i recently got married to the man that loves my son dearly as his own. we want to change his surname also but i need his fathers permission. he said its fine but i need him to send me forms to say i may i have been wait more than over a year now and he keeps saying he is going to send it. i feel if he doesnt want me to change his surname then he should pay and help …..which he has not done in so many years. please advise me
    Thank You

    1. 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

    2. 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

  2. Hie, i also have a question to ask or questions rather….my sons father and i separated when i was just a few weeks pregnant, he left me for someone else. I went through the whole pregnancy alone and he never owned up to it. To easy the pressure on my pregnant self i left him alone…….we talked here and there and would even buy preparatory baby stuff for the unborn child upon being asked only two times that happened. We never quiet spoke and when the baby was born as much as i hated it i knew i had to let him see him n put our differences aside its like we started on a new page. However, upon being asked to support the child he always made it feel like i was nagging or if not made t purely look lyk he was doing me a favour. Every month i constantly have to remind him of the support needed sometyms he goes months before assisting. I just stopped asking him altogether and i blocked him on any other platform such that he hasnt seen his son for nearly 3 months, i have been taking care of everyrhing by myself and eve when he gave something it was very little in comparison with what he gets and i make way less than him and have filed for child support with hearing to be held in april… light of these circumstances is there any chance that i wont have the courts favour in winning the case? Did.i do anything to jeorpadise the case from the events? And what proof or tips will i need to win the case?

  3. good day

    my name is themba, I have a 10 years old that am not allowed to see. when I wanted to see him ill be told I will never see him and be told that they don’t need me and my money, they are better man out there who can be a father to him. I still continued paying. when I wanted my son to visit on holidays .. I was being told he will never go there, my son told me that her mother said he is going to die if he come visit me. December last year I did as id used to previous years ,and that is to ask for him so I get buy him clothes . and I was told I wont get him. then he is taken to kzn for holidays.. they will never tell me when they taking him away which is something I always find out from his aunt when am calling since the mother doesn’t stay with him. 2010 I asked my sister to help with medical aid which was used wrongly by taking other kids to the doctors using his name , one doctor told me he is chasing them away cause what they are doing is not right, last year they have exhorted the medical aid in January alone and was told that they have never taken him to the doctor which also gave me problems at work cause am working with fire and that is why the company help with payment. in ask for him December and the same thing happened and I told her am going to stop giving her sister money for the child cause he is not a charity where you can put money and don’t care what happen to it. so I want to give him love instead of money that he doesn’t even get to see or know that is from me, and that money wont even give him love that he needs. I stopped giving her money and yesterday I bought clothes and she throe them away saying we will meet in court. what to do in this matter.


    1. We advise you to approach the Children’s Court. If they have already done so, then state you case. The Court would do what is best for the child.

  4. Good Day

    Me and my husband are looking for advise he has a child that is 10 years old he pays maintenance 1000 every month . I have two kids of my previous relationship that I support alone . Their father past away. Me and my husband dint have kids together so he could afford to pay the 1000 every month . God has blessed us with twins due in June now . Things are abut tough financially . We would like to know can he go to court and ask if he can reduce maintenance to 500 every month .

  5. Hi, my name is Noluvuyo I have a six months old baby girl who’s father is original from Lesotho but staying here in SA he doesn’t want to support the child since she was born apparently he got married whii the child was 3mnths old

  6. hi,I am young mother of 5years old boy,his father leaved me when I was 2 months pregnant, after the child born he supported him for 7 months then since he leave to maintain the child, I once open maintenance case for him but I never complete it because his wife claimed to kill my baby,so now I want to go for maintenance again.
    is that possible?

  7. hi i am Xoliswa i have a problem with my baby daddy i have a 8 month baby girl he has not been supporting her for since she was born, when i was pregnant he was supportive the problem persistent when i gave birth he only gave 500 that all every time when i am asking for cash for the baby he will promise to give when the month end he will come up with different stories,than it changed and said it not his child i told him to do a DNA test he promised to do it but he never did i went in one of the court here in Johannesburg to request a DNA i was told that i will have to apply for a maintenance 1st they gave a maintenance form to take home and fill in and i told the baby daddy that because he does not want to support his child am putting him on maintenance he apologized and promised to support the child he supposed to start supporting the child last month the month ended he came up with stories saying he is sick i told him i will take him to court he said it fine with him i advised him that if he want a DNA everything will be on him but he did not reply

  8. hi i am Xoliswa i have a problem with my baby daddy i have a 8 month baby girl he has not been supporting her for since she was born, when i was pregnant he was supportive the problem persistent when i gave birth he only gave 500 that all every time when i am asking for cash for the baby he will promise to give when the month end he will come up with different stories,than it changed and said it not his child i told him to do a DNA test he promised to do it but he never did i went in one of the court here in Johannesburg to request a DNA i was told that i will have to apply for a maintenance 1st they gave a maintenance form to take home and fill in and i told the baby daddy that because he does not want to support his child am putting him on maintenance he apologized and promised to support the child he supposed to start supporting the child last month the month ended he came up with stories saying he is sick i told him i will take him to court he said it fine with him i advised him that if he want a DNA everything will be on him but he did not reply

  9. Hi i want to apply for maintance but i do not know the defended’s home and or work address. Can i apply without them?

  10. Hi I’m ntombozuko I have six yes old bby gal but her father he pay maintenance know I’m 6months pregnant with different father but he dump me can a go to court for father child maintenance please I need help

  11. I am currently in the application process, however wanted to find out how to claim for outstanding maintenance fees not paid for over a year. How do you go about this? Thank you.

  12. Another question? Is it compulsory to exchange documentation (Pay slips, bank statements etc.) with the father as ordered by the Maintenance officer. I do not feel that this is needed as I will be presenting these directly to the maintenance officer/court?

  13. Hi good day ,My childs father has never contributed for the last 2 and a half years since my child was born.He claimed it was not his court made us do a DNA and came back 99.99 % .The court only wanted him to give 1000 per month ,but says nothing about medical aid,clothing or even for the years he never paid . Do you think im unreasonable to ask them to do a financial investigation cause he did not present a payslip or nothing .Do you think i have the right to ask for the previous years he never paid .

  14. Hi i’m Abigail. I have a 7 months old baby girl. I am currently unemployed and studying part time. My problem started when I gave birth, I asked the father of my child to help me with buying clothes for the baby which he never did. Told me he doesnt have money & is busy saving for the December holidays. I supported the child with the help of my mother. Then came Dec ge gave me R1000 to buy baby clothes after that he never bothered himself by supporting the baby. I recently asked him to buy baby formula because I do not have money, its been 3 weeks of waiting till to date. Instead he has resorted in not answering my calls and messages. How do I go about with the process of applying child support as I do not keep the till slips that could be proof?

    1. Good day. We advise you approach the maintenance court in your area ASAP. They will start the process. Yes, keep proof of expenses and take it with you.

  15. Good day. I have been divorced for 2 years. My husband stopped paying after he received a lump sum from my pension. I approached the court in January last year to garnish his salary. Every month i would follow up and there was always a huge back log. Eventually in May he was retrenched and was due to receive his pension. I immediately requested an attorney to stop the payout. Suddenly my lost file was found and we appeard in court. He was told to pay the arears and he requested for the maintenance to be halfed as he was now unemployed. he got married two weeks later. They have been going on extravegant holidays , bought fancy cars but i have not received anything for my kids. The court granted this reduced amount but since then he has not paid a cent. It is now going for a year. Divorce atorneys are so expensive per consultation. Do you have offices in Johannesburg and how much is it for a consultation? I dont want to go to the maintenance court myself and feel that i do need representation. Please let me know

    1. Good day. We are based in Cape Town, and only have referring attorneys there. The best we can do is to set up a telephonic consultation for legal advice. You may contact us on 0214243487.

  16. In India LAW is only for law followers and not for the abider, Whatever judgement given by the court it depends on the tolerance level of opposite whether they want to obey the court order or not. Believe me Indian Law is so liberal for the defaulters and criminals that you can spend your entire life without obeying court order. If Police disturbs you then few bucks of under table will make your life cool.
    We are struggling in the maintenance case my for sister, where court pass order of maintenance, Its been 1 year opposite party didn’t pay maintenance, Police is also not taking action. and family court judge saying I can only issue the DW, rest is on opposite party to pay.

  17. Hello my name is Bianca.I just had a question regarding my baby daddy not wanting to pop out a cent to prepare for our unborn there anyway I can force him to prepare for our unborn child? And might I add it was his idea I fall pregnant!!

    1. Good day
      This is a type of matter which is best to speak to the maintenance court about. The ideal is to wait for the child to be born and then claim for lying in expenses, birth costs etc. But see what the court has to say.

  18. Good Day

    I have a 2 year old son . and make a decent salary however I have a lot of debts to my name of which I’m planning to clear by the end of this year. Now I had asked the father of my child to pay just the school fees for him and buy him nappies, while I will take care of his food , medical aid and clothing. He told me that he cant afford the first school I opted for because its close to my work place (which was R1700) 2 weeks later he bought a brand new car (one of the expensive brands) so we went for the second one (at R390) and nappies , he just recently told me he cant afford to buy the nappies anymore as his financially unable too. My worry about filling is the fear of losing cause he has another son now which he pays everything for as his partner doesn’t work apparently will this affect my case should I apply for support?

  19. Good morning. Is it possible that a father does not get a summon and is not aware about the case even though the date was given? Is it also a right thing to find a way to get the summon to the father yourself? Please take me through the process on how does it work.

    1. Good day
      The summons must be served on the father. If they cannot find the father, they must serve him in an alternative manner with the consent of the court.

      1. 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.

        1. 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.

      2. 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.

  20. Good Day

    I am applying for an increase in Maintenance – had first meeting with MO and ex husband on the 25th April….he had a lawyer and they did not want to discuss anything other than taking the matter to Trial. The MO was not very helpful at all but rather rude. Did not try and assist me at all – should I make a formal complaint with the Court Manager – please advise

    Now I need to email my bundle to his lawyer and they will do same – we have no contact or anything till Trial – is this how it should work – I feel i am being bullied into going directly to Trial?

    1. Good day

      This seems like a situation you need to see a lawyer face to face about. If you feel aggrieved, we cant see anything wrong with speaking to the court manager.

  21. Hi..I have a 1yr old daughter.. Her father is hesitant towards supporting the child..sometimes he doesn’t bother supporting..sometimes he does support but not with the money we agreed on..sometimes he is nowhere to be found.. Can I apply to maintenance?

  22. Hi i am father. My chils was born when i was still in varsity and i spent three years doing my articles. Now that i have employment, i decided to put my child on medical aid and paying 800 every month but the mother insisted to approach the maintenance officer for an order while i am paying maintenance and her reason is that she does not trust me.

    1. It is up to the maintenance court to grant and order or now. You need to bring up a good argument as to why an order should not be granted.

  23. Hello I have 2 kids with my ex we broke because he verbally abused infront of the kids at my parents place last year October them my mom told him to never set his foot in her house meaning he won’t be able to see his kids then he stopped supporting his kids, my mom told him to come pay damage money before he can see his kids due to what he did to me at my parents. So can I take him to maintenance Court even when he doesn’t see his kids I mean its his fault cos he never reached out he just kept quite.

  24. I have a 14month old daughter. Her has given milk and food items one or twice in the 1st 6months of her life since then nothing because he says he doesnt have the money. I recently found out that when was born he was in the process of buying a house yet couldnt assist with the basic needs of our child. He has 3 other children which he has given a roof over there head and pay’s there medical aid and has education policies for them yet our child gets nothing from him. I also now need to start looking for a creche for next year and the fees are R3000 per month in 2019. I have taken him to Maintenance court we are only meeting in November 2018. What are my options untill then.

    1. It is unfortunate that the Maintenance Court is giving you a date so late. Maybe see if you can get a lawyer to speed things up or send him a letter.

  25. If the court decides on a maintenance amount and the father pays it does that mean visitation rights are also guaranteed. He has only recently asked to spend time with our daughter. Before he never made any effort and now everything must be on his terms.

    1. Visitation rights and an obligation to pay child support are two separate issues. However, paying child support does in some way, most of the time play a role in visitation matters.

  26. Good day

    The father pays R2000 for our baby however I still need assistance with paying a nanny/daycare, he refuses. I’ve asked him to add the baby on his medical aid so I can cancel mine and pay for day care, he refuses.

    People tell me, R2000 is enough if I go to court it will be reduced. I don’t know what to do because i really can’t afford a nanny and i need to go to work.

    This guy owns properties, he pays more than R120 000 school fees for his 2 children a year, lives in one of the most expensive surbubs in Johannesburg, owns cars…

    His excuse is, the mother of his 2 children doesn’t pay maintenance – he is doing everything on his own.

    He says he will get an expensive lawyer who will make sure i get less than what i get. Please advise me

  27. the father of my child failed to appear in court twice and they told me the Npa issued subpoena to him.What would happen next time I go there.

  28. Hello, Please I beg for sincere and if possible very polite feedback please because I am a man I know things are already against my odds so please bare with me and forgive me if I offend anyone, I am just looking for a better understanding of things I may not be well certain of.
    So, my partner and I recently split up and likewise she went away with my (our) little girl. The problem is I used to support my daughter starting from 100% financially, anything school related or other social related activities. The mother worked for a few months after she was born and got fired then after. Unfortunately, she has not quite contributed to the child’s financial needs, 2y7m later still incapable of offering support because initially she was obviously unemployed but eventually I realized she just didn’t want to make effort to find another job. For over 2 years as we’re both still young and on my side have not saved much money, it put a lot of strain on my financial capabilities as I would’ve to financially support 4 people, myself, herself, our daughter as well her first son.
    For many reasons this relationship didn’t quite work and I called it quit. At the moment I am required to cater 100% for my daughter as she’s not working or even not making effort to find a job and for whatever reasons I’ve now been deemed unsafe for my daughter so, apparently she cannot visit me. As above, the little girl is 2y7m now and it’s hurting me that I am forced to provide 100% for her because the mother is unable yet I cannot spend time with her, apparently in the absence of the mother. Not that I’ve a problem with that but her mother and myself just don’t get along so it’s easy to turn my time with my daughter into my fight with her mother. I am confused now because I am hesitate to go 100% on this, I know that my child in the end will suffer so it seems as if I do not have a choice but to continue giving everything I can to my girl as I would when we lived together even if I cannot spend time with her without the presence of the mother. Though I know in actual fact me not spending time with my daughter she’ll either way suffer from no longer having the father interaction she had when we lived together. If I had to present my daily duties: Take her to school, fetch her from school, sometimes change her nappy and wash her in the evening, sometimes make food for everyone which of course daughter fed from, every night take her to sleep. Shelter I provided, finance I provided, social life I provided, mommy could obviously do some small daily stuff if she felt like it.
    I really don’t know how well I can conquer this because at the moment I know the child is just suffering and my unwillingness to go 100% as I would before but this time without being able to spend quality time with her means things will just get worse for my little girl. From what i understand the mother is stubborn and in this case just using the girl to feel power over me because she knows full well I had so much daily interaction with my daughter which has all just disappeared.
    Really i am confused perhaps I’ve not even expressed myself properly here. But perhaps anyone with similar experience or better understand and knowledge in this regard kindly help out a young fella take a better direction here.

    1. 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.

  29. Good day I’m Lindokuhle but have a query about my sister Sophie and her kids father about maintenance,they have been together for eight years and had a son and separated after when she was pregnant for the second time he left her for someone else,Sophie applied for maintainance and the court granted her R1000 per month and R1200 for winter clothes once a year for both the kids and my sister is not working.The father has now two kids with the new woman and the new woman has a first born who’s not fathered by my babies father.Sophie’s kids are not in the medical aid they go to public clinic whenever they are sick and attend public school,on the last maintainance it appeared that he earns R30 000 and has has a house and car so I’m confused how the court allowed him to pay such a small money for both his kids,now my sis wants to re-apply for maintainance what should she do to receive a proper outcome?

    1. Good day

      As long as all relevant information is before the court, the court would decide what is fair. This is based on the income and expenses of the parents and the needs of the child.

  30. Hi there

    need an advise I am a father of three girls we always have conflicts in the house with their mother,now she was moved out from our house by her mother s decision and she confirmed to me that she is not breaking up with me she loves me ,she needs time leaving in her mom s roof. The mother went to local child maintenance social workers which is surprising, I was requested to come see them. I really don’t know where these thing leads me because I love my daughters. And I would always want to leave around them.

  31. Hi i have a 7 year old son by a woman.. I married the year after he was born to my wife For the first 3 years i have been supporting him.. For 2 years i have been unemployed.. But my wife . Mother and sister helped me supporting him .. After the 2 years i have been started working again.. And have supporting my son ever since… R800.00.. But in that time we had arguments whom have let to.. That i could not see my son.. Only when the mother decides when i can see him.. And she filed for maintenance she wants more R1000.. But i only get pain R5000 a month.. Where i have 3 childrem to support.. And petrol expenses to get to work.. Ens. 2 months ago her mother sended me msgs stateing that he daugther is an alkolic and she uses my childs supporting for the own luxury.. Nd she has also has 3 children of her own.. Whereby im the only father of the one whom pays child support… Any advice

  32. hi i have 2 children.their father is only sending me 1500 every month n some times 1300 he has medical aid but didn’t not put them on the medical aid. December and winter he doesn’t help in buying them clothes. can the court grant medical aid for the children since he has one and can the able to make him pay 2000 for both children. pls advice

  33. Hi am single mom who applied for a maintenance order last year at rabasotho magistrate court we were told to opt for a settlement out of court since the maintenance officer was absent now the person has been so behind on the maintainance order n I was told I have to re apply and the problem is his no longer working at the same company and has moved from where he lived so my question is what do I do incase of that situation.

  34. HI , the father of my child has always made false promises about helping with the birth of our sun (financially ) my son is now 10months and his father has only sent money three time since he was born , can I include the medical bills for the birth of my son and his hospital bill as he was admitted after birth and I had to use my medical aid to pay for all the expenses when I apply for maintenance .

  35. Hello I have took the father of my twins to court february his bin delaying to come until 31 may he was making excuses and he just made sure he buy second car and another house on march n came with those in court and he has other 3 kids that he was not supporting for more than 12years he started giving them money march and bring the proof I became angry and left while we were still talking with him and prosituter I took a walk and came back and went to the prosituter and said sorry I became angry and left but now im back can we continue she started shouting me saying I cant help u I closed the file and I had u and other mothers u were gossiping about me outside saying I take man’s side so I cant help u so I went to another room to ask her coligue what to to do so they say I must come so that we can start the process again from start so what do I do.

  36. Hello, my son is 14 years now his father and I broke up when he was only 2 years, I never take him to court but now I want to make an application at maintenance court the problem is I know his name,surname and physical address bt I don’t know where he is working. My question is will they be able to help me at court?

  37. Hellow
    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 olny deposit the money when he want. i am afraid he can leave South Africa without support her.. He is from Swaziland

  38. I have been paying my maintenance (nyatsi 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???

  39. My name is nonzame.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 warred because I do not have slips for money he used to send.should I be married about this?

  40. Hi,
    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…

    1. 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.

  41. 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

    1. 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.

  42. 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??

    1. 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.

  43. 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’ 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 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..??

    1. 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.

  44. 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

  45. 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.

    1. 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.

  46. 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

  47. Hi My Name Is Portia My Bf Has 7yrs Old Twins Boy&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

  48. 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 

  49. hi. 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?

    1. 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.

  50. 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.

    1. 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.

  51. 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.

  52. 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.

    1. 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.

      1. I want to know if and why the primary provider gets to choose the school, crèche 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?

  53. 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

  54. 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.

  55. 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 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..

    1. 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.

  56. 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

    1. 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.

  57. 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

  58. 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….

  59. 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?

  60. 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.

    1. 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.

  61. 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

  62. 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.

    Yours Sincerely

  63. Good day

    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?

  64. 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.

    1. 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.

  65. 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?

  66. 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.

  67. 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.

    1. 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.

  68. 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

    1. 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.

  69. goo day,

    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 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.

    1. 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.

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

  71. 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.

  72. 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

    1. 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.

  73. 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.


  74. Hi
    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

    1. Good day

      You need to make an application for the substitution of the maintenance order with an order which you can afford. For this, you need to approach the maintenance court.

  75. Hi, so I would just like to know. I have been paying for my childs needs since birth. He is 6 years old now. I have never directly paid money to her, I have always purchased what he needs myself. We are not together anymore and my son is staying with her, he comes to me every single weekend while his mother goes out to party. I am currently earning a nett income of R9500. Me and his mom had an agreement that I pay his schoolfees R7000 a year, and I pay his medical aid, as he can not be the only and main member I need to pay R2600pm for medical aid for both of us. She would pay the transport and the aftercare R900 every month. She has a car that she needs to pay monthly, with insurance and petrol cost per month, I do not have a car but I am able to save R6000pm. Will the court look into how much spending money I have left before making a ruling? I mean wouldn’t this be unfair seeing that she has a car, and paying monthly I can also get a car but would not want to put myself in a long term situation like that.

    1. Good day
      The court would look at what is in the child’s best interests, and at the same time what is fair and reasonable. In our view, having a car is not a luxury, and is useful when having a child.

  76. @Holder.the court looks at both your income,from what you said you only spend R7000 a year and maybe an extra R1000 for medical aid for the child,you also mentioned the mother would pay R900 towards transport and aftercare,there are many responsibilities related to raising a child,the court will look at the fact that the mother sees to your son’s day to day needs which you don’ my opinion she is contributing far more than you are,also the court regards what you are spending on your child as gifts to him,maintanance is you paying a certain amount to the mother either daily,weekly or monthly.her having a car is something that will benefit your son in a way.but go to court and let them make a ruling but from what you said it seems you have it so easy,you still have R6000 a month to save which means you don’t have much expenses,she could even ask you for more if she wishes.

  77. Hi, my Sister got impregnated by a policeman who refuse to pay maintenance. The court ordered for a paternity test which came back saying the policeman is not the father of the child. My sister is very confident that the child’s father is this guy because she was not involved with anyone else at the time she got pregnant. The court did tell her that she can contest the results but she will have to conduct another one privately on her own cost and she is not working. I experienced something similar on the same court when I needed my father to increase child support from R600 to R1000 when I was going to varsity, they kept giving me dates when the court will be closed or not attenting maintanance issues, I was once given the 23rd of december and when I arrived the court was closed. That carried on until it was my time to go back to school which became difficult for me to go back to the court as i was studying very far. My father is a prison warder from the same area. The employees at the court seems to be able to by pass the system and favour their colleagues so how do we ensure that the corrupt officials are reprimanded for it and most importantly how do i help my sister moving forward.

  78. hi my son is now 13 , I receive R1600 from his father which only covers transportation for my son to school and back. school fees alone are R27000 , he is on my medical aid , daily expenses also apply. he’s father earns more than me but refuses to look at the financial planner for the child and be involved with his needs , I’ve asked him to go 50/50 with me on everything be it stationery , uniform etc he just refuses to even reply to my msgs, what can I do? please help

  79. Good Day

    I have a maintenance court order which states that my ex husband must pay R1800 per child. (I have 2 kids). He initially started paying R500 per child and now R800 per child. I have gone twice back to the maintenance court to report it. The last outcome they sent a sheriff of the court to seize his new taxis that he bought. Feedback from the Sheriffs office is I have no claim as the assets does not belong to him but is on higher purchase.
    He has just bought a brand new 4×4 van and is purchasing a new house. How is it possible that this is not taken into account and how must I proof which accounts he is hiding his money in. This is frustrating as he just gets away and the arrears are just now arrears in the courts view as I have no way to claim anything from. Please advise what is my next or any step to get the court order enforced.

    1. Good day
      This is clearly a case where the maintenance court is failing you by not doing their job. We would advise that you complain higher up in the maintenance court about the problems you are experiencing with them.

  80. Good Day.

    My brother has a 2 month old baby.He has been contributing towards to the child by buying him clothes,food and diapers.He received death threats from the mother of the child because she feels that he’s not doing enough.The mother of the child wants to take him to maintenance court.Please advice how should my brother go about this when he gets to court?

  81. Hi.can u please help me in this case.
    I have been getting 950 from my babys father. Nd now shes going to pre school next yr january. Ive told him in march this yr that i found a pre school. Nd that the meeting will be hold sep.fine,i went to the meeting 19 sep nd tried contacting him abt the feedback nd whats phone was blocked. Called with different number. Nd he answered. I told him details of the meeting nd that the re nd jan fees had to be at payed not later yhan 30 nov or shell be consider not accepted at school. He agreed l. November 15 on his pay day he called me that he has the money hell bring it that day. 3 days passed nd when i called she gives it to his girlfriends to answer it. He then s3nd me sms saying that i should pay reg fee nd jan fee wiyh that money. Nd Told him that i only get money on the 1st of each month not same day he getspayed’15th’. I also told him even if i borrowed money to pay how will i pay ackermans. Buy food nd toiletri. He said hell do it which was just an empyty promise. Then my sister gave me the money payed on the 23.send him sms that i payed nd if hes still willing to pay the acc nd buy everything for the baby never reapond. For 2 weeks. I then went to court with all expenses. Gave me date of appearance. Now 2days later. He calls me acting concern. Told him that ive got appearance date im sure he got it after everything.he told me hell go to court to complain nd . I told him if asking u to take care of ur child is what ull complain abt good luck. Hes been blocking me when i ry to talk about babys school fee. Now he acts concern. Nd tells me abt the lawyers nd that i will regret.

    1. Good day
      Do not concern yourself with what he said. Let the court handle it. All you need to do is ensure that you have proof of income, and expenses for you and the child to show the court.

  82. Good Day
    I am a single parent and I have a 5 year old which has never met his father due to him leaving 3 months before the birth I haven’t heard from him until September 2017 in that time I have not received any type of a assistance. He went to the courts saying I am keeping the child away. The family Advocates got involved and there recommendation was he went through a therapeutic process that was Feb 2018 I haven’t heard anything from him again. I would also like to point out I have a protection order against him for domestic violence it was approved by the courts. He is unable to contact me but it seems his parents are contacting me on his behalf. What can I do I am fearful of his family and friends. I am fearful which I did mention to Family Advocates I fear for my sons safety. I am constantly looking over my shoulder. My son is starting Grade 1 soon and I am afraid that they will try get access to him. I have never spoken about him, to my son he has a dad. Please help me!!! I have gone to courts they say they can’t do anything cause he hasn’t made the recommendation a court order. Until then I am living with fears and concerns.

    1. Good day
      We advise you make use of the services of an attorney to assist in resolving those issues. If he does something illegal, you need to contact the Police.

  83. Good day. I have a daugther she is 6 years old and were are no longer together with her father. Her father wa working at pick n pay , in 2018 he was at police academy training in Bisho Eastern Cape for a year, now he is back from training and telling me that I should stop coming at her parent’s house because he has a new girlfriend and he don’t want her to found me at his parent’s house. And he doesnt support a baby. Can i take him to maintanacy court about those things and can you please advise me what to do

  84. Hi, does a Father have an obligation to pay some form of maintenance when he becomes unemployed?
    What is the law regarding this?

    1. Good day. Even if the father is unemployed, he still has a legal obligation to pay child maintenance. This he can pay by selling assets he owns, or use part of the savings. If however you cannot afford to pay child maintenance you may proceed against his parents.

  85. Hi, my child is 2 months old I’ve filed a for maintenance, however at home they feel that I should cancel for safety reasons as the father might harm me or the baby, he was never violent with me its just concerns. So I’d like to know if I do cancel whats the procedure and consequences for that. I haven’t decided what to do but I would just like to know.

    1. Good day. We do not advise that you cancel your child maintenance application unless it is absolutely necessary. Child maintenance is a right of a child. We advise that you speak to the maintenance court about this issue and hopefully they can advise you accordingly. Looking at your message, we do not see any concerns.

  86. Hi, I am married to the mother of my children through customary law. Since we are not yet registered I know automatically it means that we are married in community of property. My problem is that my estranged wife seem to be only interested in money. I hardly see my children and even when I do she wants to control the length of the time that we spend together. She does not give me any conjugal rights and refuse for my children to use my surname. Which now makes me wonder if they are really mine. She took me to a maintenance court and have now defaulted based on unanswered questions and a change in my finances. I need advise as to what I should do regarding joint custody because there is no court of law that granted her sole custody. I need to spend time with my children as much as she does and need us both to contribute towards the same course. I started to work May 2018, gave her R3000.00 the very same month end, but by 22 June 2018 she already filed for maintenance for R8000.00. I found this to be suspicious but because I was civil and wanted our relationship to work I offered her R6000.00. I could not keep up with the last 3 payments and have been summoned to court. What should I do?

    1. Good day
      We advise that you approach the Children’s Court in your area for assistance. They may grant you an order dealing with your parental responsibilities and rights.

  87. Good evening Reader,

    So my question is on behalf of my husband.

    He was previously married and has two kids with his ex wife. Since their divorce he has been paying child support. The mother was given Primary custody of the kids, with visitation rights of my husband.

    With the kids visiting every alternative weekend and school holidays we became worried for the kids safety as the kids advised us their mother was on drugs/ substance abuser started dating one too.

    In December 2016 the mother decided to send the son with a complete stranger and dropped him off at his grandmother’s place. With no prior notification to my husband. I then encouraged him to have a chat with her and of course to approach the social workers as things was getting out of hand.

    That’s when she asked my husband to give her a break so she could sort herself out because she was on drugs and had another son from another gentlemen and another on the way.

    Without hesitation we took both his kids and drove the other to her mother in Koring berg as she was unfit to care for them.

    We made arrangements and had them enrolled in school in January 2017. And they were with us ever since. She had full visitation of the kids but when they did visit she never made provision to feed her kids.

    I then advised my husband to continue with the social workers and child court. On numerous occasions. They were to appear in court and on every occasion she failed to appear. She then fell ill and relocated to her mother in Koring berg in Mid 2018

    December 2018 we sent the kids on holiday to visit their mom. This turns into a complete nightmare. When we collected them on the 6th January the mother had advised my husband only then that she would not be sending the girl back. As she needed her daughter by her and needed the maintenance monies because she has two more kids. As her grant monies she receives for all four kids is not enough to sustain her.

    My husband then called the Mooreesberg police department and asked them to escort him as he didn’t want to make any trouble but please to advise the mother that it would be in the kids best interest to stay with us.

    She refused and advised the police officer that the daughter wanted to stay with her. We contacted the Social worker who then emailed the police department a full report and mentions in their, That it is in fact in the best interest of the children to stay with the father. My husband right now has no say over the matter as she was given Primary custody of the kids ” This is wrong! How do you as the Primary castodian remove your child from one school to another without prior communication? The girl has moved schools 4 times and she is in grade 5 now. The boy has moved schools 7 times and his now grade 8 and failed twice due to the mother’s negligence.

    Is their anything we can do or anything I can advise my husband to do?

    We have a pending case with child welfare?
    Logged a complaint with the maintenance court? 2 years is a bit long to be waiting due to the mother failing to appear in court.
    What can we do besides going to the high court and attempting to get custody of the kids?

    Does my husband have to pay maintenance to her for the girl? She will use the monies for her own personal benefit. What about the two years that they stayed with us and she did not contribute a cent? What is the best way forward. As I feel that the justice System fails so many wonderful father’s. And rule in favour of unfit mothers who use their kids as pawns to get maintenance and grants.

    We would really love to have her back with us as well. But getting primary custody seems Doom and Gloom if the social workers are still working the case 2 years later.

    Please advise soonest

    1. Good day
      We strongly suggest that you see a lawyer and make an urgent application to the court for the return of the child. Regarding maintenance, if there is an order, he needs to then apply for its setting aside after the child is returned.

  88. If I do cancel as I haven’t decided yet, how do I do that? And if I cancel can I reopen the case in future?

  89. good day

    i ahve a 7year old daughter, the father has been contributing an amount of R1500 every month towards her school fees and other needs. ive been spending on average R3616. ive taken my daughter out of a private school and have put her in a government school. our expenses shared would be R2200 each towards the child, but the father refuses to pay anything more than that. i have applied to the court as all i request is an increase of R500 more to his contribution. do i stand a chance in court?

  90. good day

    i have a 7year old daughter, the father has been contributing an amount of R1500 every month towards her school fees and other needs. ive been spending on average R3616. ive taken my daughter out of a private school and have put her in a government school. our expenses shared would be R2200 each towards the child, but the father refuses to pay anything more than that. i have applied to the court as all i request is an increase of R500 more to his contribution. do i stand a chance in court?


  92. Good Day

    My ex husband is a medical DR and he has been giving 1250×2 for our two daughters since 2015. and pays for their school fees (23500 a year for both kids) and buys 750 clothes for each child. i have been to court to increase this but with no help the whole year of 2018 January to December been to court. i have done section 31 because he wasn’t paying for the kids medical aid and on the order done in 2015 it stated that he should pay or put both the kids to the medical aid but he never. again he has no relationship with the kids to know what they need nor on their birthdays or xmas he buys them presents. he makes about

    i have bought a house where i stay with the kids and put both on my medical aid . please advice what i must do in this case.

  93. Hi if missed the court date due to work what can I do to get another date. So the father of my child wasn’t served because I had to be there with the police so I’ve been told I’m confused as to how it works.

    1. Good day
      If you and the father were not at the Court, then the Court most probably removed it from the court roll. It is best you re-apply or call the court to find out what you should do.

  94. Good day. I have a child out of wedlock. When I left her father she was 2years now she’s going onto 7years I never claimed maintenance cause I was always turned away by the courts cause he wasn’t working. He was in a car accident years back and now as collected a portion of his R.A.F money. Can I now claim maintenance? If so what is the procedure?

  95. Good day, I am going to court in March 2019, the father of my child has never ever taken care of our son financially since he was born. Is the court able to backdate the money that I want to claim for maintenance?

  96. Good day
    We have been divorced for 5 years and my ex has only paid maintenance for 2 of those. He is self employed and in and out of work. I ask every month but he makes excuses for not having any money to give. He says he doesn’t have a bank account due to bad debt. What can be done if he works unconsistantly and in all probability doesn’t really make a concerted effort to find work? Thanks in advance

  97. My husband and his x_wife separate has been 4 years ,she divorce outside usa ,she mentally&emotionally torture my husband even these days,he take care of his son even more than he effort,now she filed child support but my husband fail to prove ho w much he spent on him what to do next

  98. I applied for a maintenance against the father of my child , and suddenly he wanted to give me money but via EFT. Should i accept it or wait for the court date?

  99. hi. i would ike to ask. ist possible to claim for maintenance even though im earning more than the father. how does it work?

  100. hi I have a problem I was dating a girl in varsity and she got pregnant and did not inform me about it up until the baby was born and she told me 2 months after he was born, then I told my parents about it as I was under their financial responsibility, then appointment was set between the families but the girl family made it an issue (they argued we must come) we end up not meeting and communication between me and the mother broke as she blocked any form of contact with them 3 years later i got my degree and I started an internship now the girl is taking me to court and our last conversation was me asking her for a DNA test to make the matter easy so that both my parents and I can be satisfied she said she will get back to me and she never did I only got the court order instrucing me to come.. my questions is where was i wrong and what can I do?

    1. Good day
      When you appear in the maintenance court, say you want to do a paternity test. This would resolve the issue of paternity. Then the court can deal with what is a fair amount for you to pay.

  101. M a mother of a 2 years old boy who his father left after getting a better job last time when he supported the child was when the child was six months and if i asked money from him for the child he would tell me that his saving money for my Lobola and our future i stayed with him for more than 5 years

  102. Good day
    I need advice on what to do regarding me and my ex.we broke up in 2017 and i took my child to stay with me..when the child was staying at his parents house he used to do everything for our daughter.last year frm jan till october he only spent R1400,when i asked him if thats how he is planning to help raise the child he said i want him to support me…what i find it funny is that he knows that i am working and taking care of the child…i think he is only doing this to spite me…what should i do i tried to ask him to help me co-parent but he always start a fight about it

  103. Good day

    My ex girl friend summons me for child support but I pay R1300 a month and I can’t afford more cos apparently a guy from court phoned me from his cell phone yesterday to tell me he have a package for me but then I asked him what it was so he said it’s a summons he said he was at my work but by the other branch but then I asked him to drop it at my house he said he will tomorrow and 3 months back I went to family court for child visitation and I’m getting married do you think she is getting me back for that….what can I do

  104. Good day,

    I’m Lebogang, a mother to a year old son, the father left me when i was only 3 months pregnant…i’ve been alone with the baby since then, he never contributed with anything, not even a simple 1 visit, he never met his son… i want to go to the maintaince court, i know where he lives and where he works, what else do i need to approach the court, i go in and out of the hospital as my boy has been diagnosed with Asthma and i’ve used my medical aid sky highly, he also has a medical aid, can the court favour me to add the baby on his medical aid? my mom is very sick and cannot take care of the baby so i took him to the dare care centre as i cannot afford a nanny, i pay R520 every month at the creche and sometimes i work shift of which the price goes up,

    i pay the transport for him to the day care centre, i buy him clothes, nappies, milk, baby food, i also have to buy groceries for my mom…guys i’m not even earning R9000 where i work, i also have bills of my own to pay…i can’t cope anymore :'( and i also have a 5 years old daughter, but she is not his baby.

    1. Good day
      We advise you to approach the maintenance court as soon as possible for a maintenance order. It is possible for them to make an order that the child is placed on his medical aid.

  105. Good day, I am in the throes of a very messy maintenance battle at maintenance court.
    My sons father is in arrears with all the 10% annual increases since 2013. I have avoided court because of his continual threats to reduce maintenance if I go to court but have finally plucked up the courage.
    When he reduced maintenance in 2013, the reason was that he said he adopted his wife’s child from a previous relationship. They since had another child too. I managed to corner him infront of the prosecutor, finally now stating that he only ever had the childs name changed to his at home affairs, it was never a legal adoption at all, thus confirming my suspicions all along and still, he is supporting this child and not properly supporting his own flesh and blood because of it. My view is that like myself, his wife should have to be fighting the same battle I am in court with the biological father of her child, as I am having to do.
    Right now, it appears the court have misplaced my file, however, I have been in to see a supervisor who is trying to locate it. I pointed out that back in 2013, when he reduced the maintenance, the maintenance officer only included details of the reduced maintenance amount, failing to include the originally stated medical and educational responsibilities, which were part of our original high court order. Had I known that reducing the maintenance could have jeopardised my son who is now 18 and for whom I must now apply for tertiary education and am also paying heavy orthodontic fees, I would NEVER have signed that order and have explained this to the maintenance supervisor.
    I showed him the order and he said that there should have been a third page, which I never received and I could see from the look on his face that he also smelled a rat. He has said that he will look into the matter and come back to me. I am adamant that the court should correct this – it was a horrendous ommission, which is really putting me in a hopeless financial position.
    Similarly, what is my recourse with regards the child he is supporting who is not his, yet he is not contributing adequately for his own child? I really do want to avoid my son having to go to court (although he is 18), at all costs, as now also in his matric year, it would be traumatic for him to have to endure.
    Please help – am I within my rights to insist that the court correct their ommissions, of which I was totally unaware and which bears grave consequences for me financially and also, how can I ensure that he pays adequately for our son, as a priority before he pays for a child who isn’t even his? He lied to the court about this years ago and has got away with not contributing adequately for our son for years. Please help, am really at my wits end. Thank you and regards

    1. Good day
      The issues raised seem best to be dealt with through consulting with a lawyer. He or she can unpack it and advise what is the best route forward.

  106. Hi there many thanks for your reply and I am sure you are right. Unfortunately I cannot afford a lawyer. The system fails mothers and children every day. It really is debilitating in every way. I am exhausted. They found my file but now I am going to have to challenge the court to reinstate the initial order, otherwise they are forcing me into bankruptcy. I am so depressed really.

  107. Hi, I’m a 22 year old student. For the past 4 years my dad has been sending me an allowance for varsity but lately he’s been giving me excuses and this past month he didn’t bother to send a cent. My father has never paid for any of my school fees or for anything else in my life, never bought me clothes or a phone etc it’s always been my mother and this allowance of 1K was the only contribution he was making in my life. Now he’s not making any communication with me, he’s just ignoring me. Do I have a case?

  108. Good day

    I have a three year old from my ex husband whom was conceived out of wedlock. He had been contributing towards maintenance which is not recorded on a maintenance plan. He is not on her birth certificate as he didn’t consent too. He had never seen her or enquired on her health or well being. He is now divorcing his second wife and paying 100% of expenses to his latest child.
    He now wants access to my 3 year old. While I’m aware I cannot deny him access, I do believe I can claim from him for the last three years he was deliberately absent. Is this true and what can I claim for?

  109. No there was none. The child came after the divorce. He didn’t consent to me furthering with the pregnancy as he committed adultery. He has been paying a small amount towards her but he has never seen her neither is he on the birth certificate as the father. He is now claiming for my daughter since the divorce of his second wife. I just want to find out what I can claim for, for the last three years (since the birth) that he consciously abandoned my child?

  110. Good afternoon

    I have been given a warrant of arrest for the father of my daughter who last paid maintenance money in June 2018. To be honest I’m emotionally drained. The father is self employed in Midrand and I stay in Vereeniging. I’m just wondering if I manage to show the police this person and he gets arrested will there ever be a change of heart because I really need him to help financially. I’m even willing to reduce the amount he set himself in Court again I don’t want want money for arrears. I just want him to help financially with our child since our little is a slow learner she needs all the help and support we can give to help her. Thanks

    1. Good day.

      The father has a legal obligation to pay maintenance. If he refuses to pay maintenance he should be brought before the Court. The court will deal with him accordingly.

  111. Hello
    I am in the process of finalizing my divorce. Rule 43 Court Order was issued and I am to pay my husband maintenance for our minor daughter. I have done so faithfully. However, last month the Family Advocate issued her Report with Annexure A 1 (Parenting Plan). In short, we are co-guardians of our daughter. My daughter is now officially/legally in my primary care and resides with me. This has been the case since before the Family Advocate’s report. There was a stint of less than 2 months when she stayed with him after he moved out of our house. Even though my daughter was living with me after the 2 months she was with him, I still paid my husband maintenance as per the court order. I stopped paying him since last month. He is not contributing anything towards her cost! He insists I pay him the maintenance even though she is not residing with him and has threatened to take me to court.

    Is it still necessary for me to pay my husband maintenance now that she is legally in my primary care?
    Can I approach the maintenance court myself to have this court order overruled (and ask that he pays me maintenance?) or must this be done by my attorney because we still in the process of the divorce?

    1. Good day.

      We advise that you make another rule 43 application. In this case for the minor child to remain in you care and for the father to pay you maintenance.

  112. I work on commission and I have been paying maintenance to my sons mother. Some months I pay late as I haven’t earned a salary. For the past 3months now I earned 0. My sons mother is now wanting to take me to court? What can I do?

  113. Thank you for a very informative article. I am currently getting divorced and unfortunately have 75% of our families debt on my name due to my husband being a waiter with no financial stability history due to cash tips as forms of payment. He only gets R3k basic paid into his bank account and the balance average of R15k paid as cash tips. When we were married, 17 years, we share 4 kids, I managed the finances and to save on bank deposits, we would utilize most of his cash where ever possible and only deposit the balance but I know he earns R18k out of season and R25k in season. I have no idea how to prove his income so he can pay his portion fairly. He only owns a car and me and the kids will live in owned shared home (I know I can claim from his rental amount he will charge me) but how else can I prove his cash tips or am I wasting my time?

    1. Good day

      It may be best to leave those uncertainties to the maintenance Court. The maintenance officers are well-trained and they would be able to assist you in determining exactly how much he earns.

  114. Good day
    I have been served with a maintenance order to appear in court by my ex. we have two kids together they both under 6 years. When we were still dating she asked me to buy her a car in my name and she would pay for it monthly and she was paying for it and I will use that money to pay for the kids so after we broke up I wrote her an email to say she doesn’t need to pay me for the car but she must use that money as my monthly contributions to my kids. now that she served me how should I prepare for the case?

  115. Good Day
    I applied for maintanance and cancel it after having agreement with the father of my child to be incharge of school fees. He even completed debut order form at school but he never paid debit orders comes back unpaid now school account is in arrears . Principal has phoned, emailed and sent him sms but he ignored them. And school want me to pay for outstanding amount what should I do. I don’t where the guy is as we speak the child tried to call him but also ignore his child calls.would the court assist me on my matter?

  116. Hi,my name is Baleseng,I have 3 chidren with my ex husband.wie divorced I’m 2004
    He is a now married for the third time,I’m the first wife.The other two ladies have one child each
    He is only supporting the second wife .my first born finished University all by myself
    The second one was staying with him,he failed matric and dropped.the third one is with me, doing grade 12 this year.we have a divorce settlement on how we must handle the maintenance of our children.he stopped to pay 5 years later.i once reopened the maintenance case but he used not to come on the date.i left it just like last son is going to University next year,so I want my ex to start being responsible because really I have raised the children’s alone,how do I go about it

  117. Thank you for an informative article.
    I have two kids, one 7years and another 6months. Their father was paying R1500 for the 7 year old and for the baby he would give money when it siites home and so I decided to go to court for the baby. I felt that the maintenance officer was biase, she ridiculed my amounts even though I had proof, passed snide comment and did not even ask the other parent for payslip, proof of expenditures and 3months bank statement as per supoena. The maintenance officer “decided” to add both kids and calculate their expenses, even though I went to court for one child. He earns more than me but the maintenance offer said she was going to divide the amount to 2, so it was R3300 for both kids according to her calculations. He said he cant afford that and is willing to pay R3000. I was coerced in agreeing to the order. I laid a complaint and the court manager said would investigate, it’s been a month now

  118. Thank you.
    Do you I stand a chance of getting a review of my case? I recorded 10 min into the meeting, do I tell them or should I wait for the outcomes of the investigation.

  119. Good evening, kindly assist I went to apply for maintenance on 2017 and it was granted order came for 4000 and he only paid 3months then he stopped the I went to court for inforcement and the paid what he owed for that year. Then for 2018 he did not pay anything. So I got a temporary job where I could not go to court but I went in the morning with my affidavit that I’m working part time so I won’t be able to be in court but my assignment ends in December. So they extended my assignment and I forgot to go on the day of court. The court removed my order because the said he does not work. He showed them the bank statement that he knew they were closed. So I went in February 2019 for investigation to trace him and check all the bank if he does not receive any income only to find out my the time he went to court and said his not getting any income he lied the bank statement came and I was shocked to see such big amounts. Now the court says I must start a new application which I don’t want to do so because he lied to court I want the court to relook at the old case will that be possible and will the court grant him to pay all the arrears he lied about?

    1. Good day

      If they do not want to continue with the old case, insist that they backdate the payments to when he was earning.
      It is very sad what has happened.

  120. Hi my Name is Ayanda

    I have two kids both staying with my mother in the EC. Due to my shifts at work. They are separate fathers the last borns father is a problem. We met at work and in a short period I was pregnant. Then the relationship fell apart. I had a son I was the happiest mom. I went back to work within a month. He didn’t support me I had to go back ASAP. On the 3rd month he supported. With R700 I didn’t dispute I had a lot of things piled up nannies medical aid bills. My son had managitis I was on an unpaid for two weeks. He didn’t assist me never visited. Then he was telling people I should have aborted. He paid these 800 for a year I told him it was not sufficient as I have Bill’s piling up he went up to R1500 I was glad. Unfortunately due to my late coming at work becoming an issue I had to send him to my mom. It was either that or no job. I told him and he didn’t seem interested I did what was best. Got another job which paid a little better. I sent more money home. I paid water rates for my mother, groceries and clothing and medical aid. And his R1500 covered school and transportation even though this was not sufficient I just didn’t feel like the arguments . Now recently he bought a , a car , pays whenever he feels like. Dec he didn’t pay said he doesn’t have money. Every 3months it became a norm. I pilled up temp loans. He decided to block me. I’m so scared of going to maintenance court cause everyone seems to say it does not work. I had a friend who the father was garnished a year ago. Till now she has not seen a cent. The child is 4years. My son is 5 years please help us

  121. The father of my child and I have been separated from the birth of my daughter who is now 11 years.
    I have a boyfriend whom I have been with for 5 years and introduced my daughter to him 2 years ago.
    The biological father to my daughter has recently, very proudly told that he will not maintain the our daughter until I change the surname of the child to his. He is a very abusive (emotionally), in the texts and calls he makes to me. I have made a conscious decision to cut him off my life but not with his daughter. Can I appoint another family member as a point of contact between him and his daughter as I do not want him to contact me? Also, can such a request be enforced by the court or can I even qpply for protection order?

    On the other note, my boyfriend has been assisting me with supporting my daughter, he’s even taken out loans and offered to pay some of my expenses to relieve me from my financial strain.
    I’d like to know when I provide proof of expenses and receipts, do I include receipts from my boyfriend that he’s been helping to maintenan my daughter. Because he pays for her school transport, school fees and food.
    Your response will greatly be appreciated.

    1. Good day

      Yes, provide proof of your boyfriend paying for items.
      Regard the in-between third party, if the father is fine with it, then there should be no problem. We, however, advise that you speak to the children’s court about this issue.

      You are entitled to approach the court for a protection order.

  122. dear lawyer
    I need to increase maintenance Order which was granted 2013. I was working then so I paid majority of expenses. noes I m no longer working.
    my challenge is I don’t Have a substantial proof of current expanses as I don’t Have money to spend. standard of living has decreased for my daughter and I need to rectify that. her schooling is of great importance and her basic needs. the father is working and just bought a property so I can assume he is doing well. will the court allow Me to increase the amount based on previous evidence. the only amount I receive in my acc Is 1800. her expenses will be 2500.

    kind regards

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