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Tricks and tips on how to win your child maintenance case

ByOur Lawyer

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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177 comments so far

DebbiePosted on12:14 pm - Mar 19, 2018

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
Debbie

    Our LawyerPosted on5:53 pm - Mar 19, 2018

    The father will always have an obligation to support his child.

    charnellePosted on11:33 am - Aug 28, 2018

    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

    SaromePosted on10:04 am - Oct 29, 2018

    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

ElizabethPosted on3:11 pm - Mar 20, 2018

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…..in 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?

thembaPosted on4:13 pm - Mar 22, 2018

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.

regards
themba

    Our LawyerPosted on6:16 pm - Mar 26, 2018

    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.

[email protected]Posted on2:05 pm - Mar 24, 2018

My partner is always giving me a problem when he supposed to pay Mantainance, but he end up paid,but it hurts me because I Dont do things in time for the kidz as he pay me late

sherylPosted on11:50 am - Mar 29, 2018

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 .

Noluvuyo MrajiPosted on8:22 am - Mar 31, 2018

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

ChevonnePosted on9:54 am - Apr 10, 2018

Hi,

How much is your consultation fee?

CharlottePosted on11:52 am - Apr 13, 2018

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?

xoliswa hlongwanePosted on3:00 pm - Apr 16, 2018

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

xoliswa hlongwanePosted on3:02 pm - Apr 16, 2018

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

ThobekaPosted on10:16 pm - Apr 17, 2018

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?

NtombozukoPosted on9:58 pm - Apr 21, 2018

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

YolandiPosted on9:17 am - Apr 23, 2018

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.

YolandiPosted on9:22 am - Apr 23, 2018

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?

NadiaPosted on9:22 am - Apr 23, 2018

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 .

AbigailPosted on4:03 am - Apr 24, 2018

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?

    Our LawyerPosted on5:14 pm - Apr 25, 2018

    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.

CelestePosted on6:25 pm - Apr 25, 2018

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

    Our LawyerPosted on6:53 pm - Apr 26, 2018

    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.

KrishnaPosted on1:35 pm - Apr 26, 2018

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.

BiancaPosted on7:28 pm - Apr 29, 2018

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 child.is there anyway I can force him to prepare for our unborn child? And might I add it was his idea I fall pregnant!!

    Our LawyerPosted on6:41 am - Apr 30, 2018

    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.

CleoPosted on11:02 am - Apr 30, 2018

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?

Bongiwe NgemaPosted on4:35 am - May 1, 2018

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.

    Our LawyerPosted on4:52 pm - May 1, 2018

    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.

      saa!!Posted on8:17 am - Aug 21, 2018

      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.

        Our LawyerPosted on3:12 pm - Aug 21, 2018

        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.

      R DavidsPosted on2:01 pm - Oct 1, 2018

      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.

NicolenePosted on2:26 pm - May 3, 2018

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?

    Our LawyerPosted on7:19 pm - May 4, 2018

    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.

Monicca MabetwaPosted on8:54 pm - May 3, 2018

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?

Tshepo HopePosted on9:06 am - May 8, 2018

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.

    Our LawyerPosted on3:02 pm - May 14, 2018

    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.

Sarah LefikaPosted on3:11 pm - May 9, 2018

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.

CindyPosted on9:45 am - May 16, 2018

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.

    Our LawyerPosted on10:26 am - May 16, 2018

    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.

CindyPosted on2:46 pm - May 16, 2018

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.

    Our LawyerPosted on4:35 pm - May 16, 2018

    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.

DineoPosted on5:42 am - May 17, 2018

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

nomalungisaPosted on5:33 pm - May 22, 2018

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.

Daddy DearestPosted on12:39 am - May 24, 2018

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.

    Our LawyerPosted on9:15 am - May 24, 2018

    Good day

    We advise that you approach the Children’s Court in the area where the mother lives and apply for proper contact to your child.

    SheenahPosted on2:15 pm - Nov 6, 2018

    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.

LindokuhlePosted on1:03 pm - May 24, 2018

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?
regards
Lindokuhle

    Our LawyerPosted on3:27 pm - May 25, 2018

    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.

ThapediPosted on10:08 am - May 25, 2018

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.

franklinPosted on4:21 pm - May 25, 2018

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

nonyPosted on5:01 pm - May 30, 2018

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

sonia machequePosted on7:02 am - Jun 5, 2018

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.

nicole scholtzPosted on9:53 am - Jun 5, 2018

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 .

Pumeza mnqedlanaPosted on2:33 pm - Jun 5, 2018

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.

EMPosted on6:07 pm - Jun 7, 2018

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?

EsihlePosted on11:22 am - Jun 10, 2018

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

TshepoPosted on2:37 pm - Jun 24, 2018

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???

NonzamePosted on1:10 am - Jul 6, 2018

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 court.am warred because I do not have slips for money he used to send.should I be married about this?

SiphoMPosted on12:41 pm - Jul 6, 2018

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…

    Our LawyerPosted on10:24 am - Jul 7, 2018

    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.

EvonPosted on6:48 pm - Jul 9, 2018

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

    Our LawyerPosted on6:51 pm - Jul 9, 2018

    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.

KeenanPosted on10:10 pm - Jul 9, 2018

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??

    Our LawyerPosted on9:45 am - Jul 10, 2018

    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.

KamogeloPosted on1:27 am - Jul 30, 2018

Hy guys..I have a problem here..its a long one I’ll try to make it short..anyway i met this lady last year 2017.. she was some sort of a friend and she had a boyfriend one day she tricked me to go with her to her place which turned to be her sisters place we slept without a condom which I regretted after some weeks she kept on following me and telling one day this thing of mine wearing expensive sneakers will end..some day she found me with collegue which she accusing me that I’m dating her which I don’t..so I responded even if I was..firstly you not my girlfriend and you have a boyfriend and you and I are not iterms,one day two weeks I received an sms telling me she pregnant and nothing I will do about it.i asked how sure that you’ve been pregnant and by me..then I sayd will do DNA tests to see the baby its mine or not.she agreed..again I got another sms telling me I should involve my family and I should give her R500 each month..I asked her to leave me alone..she stole my file at work to find my mom and sister’s contact number and called them telling them shes month or weeks pregnant,luckily they didn’t entertain her..she came back to me calling me with private numbers threatening me with maintenance also telling me i should give my persal number..to register for creche while she was 4 or 5 month preg..this year 24 March I received an sms telling me she gave birth I respond that I will organize a doctor so that will do DNA test,when I was checking with a doctor..she tells me her mom took her away shes out of town in jhb kagiso..again I made an appointment at NHLS in braamfontein..she sayd shes on her way but didn’t come,again I made another one she didn’t come making excuses that she wants to go to the clinic while I called her early six o’clock while clinics closed at 16:30..I sent an sms to her she must just leave me alone since she knows who the father of that child since she doesn’t wanna do DNA’s,she responded that it’s fine will do DNA at magistrate court..I responded that you’ll also tell them you you refused run away 3 DNA test which were offered by me..then June she came with two officers to deliver a maintenance letter that I should be in court the letter where she wrote that I’m the biological father I don’t wanna take responsibility of the child and needs R2000 each month..I attended court Friday 27th they putted us in a small room she gave story I gave mine and asked what’s the use for me to be here why she ddnt come for DNA and chose to come for maintenance I wasn’t answered and gave a proof wer we had an written communication of our conversation.then I was told that I should come do DNA tests on 30th July today..and I should bring an amount of R2000 for DNA then were realease..SO I WOULD LIKE TO KNOW THAT IS IT FAIR OR SHOULD I BE WORRIED OR WHAT..WHAT SHOULD I DO OR SAY??WORD OF ADVISE GUYS PLEASE..??

    Our LawyerPosted on10:42 am - Jul 30, 2018

    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.

NomsaPosted on11:07 am - Aug 2, 2018

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

StephenPosted on8:40 am - Aug 3, 2018

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.

    Our LawyerPosted on8:42 am - Aug 3, 2018

    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.

RendaniPosted on3:23 am - Aug 12, 2018

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

Portia MasemolaPosted on11:21 pm - Aug 14, 2018

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

    Our LawyerPosted on7:52 am - Aug 15, 2018

    Good day

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

KhumoPosted on11:16 pm - Aug 16, 2018

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 

mohamedPosted on9:10 am - Aug 20, 2018

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?

    Our LawyerPosted on9:54 am - Aug 20, 2018

    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.

JacksonPosted on6:02 pm - Aug 21, 2018

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.

    Our LawyerPosted on6:12 pm - Aug 22, 2018

    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.

thenjiwePosted on2:50 pm - Aug 22, 2018

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.

TshepisangPosted on5:32 pm - Aug 23, 2018

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.

    Our LawyerPosted on10:46 am - Aug 24, 2018

    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.

      R DavidsPosted on2:07 pm - Oct 1, 2018

      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?

Nonhlanhla NonhlanhlaPosted on7:04 pm - Aug 24, 2018

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

TonnyPosted on12:47 pm - Aug 27, 2018

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.

charnellePosted on12:14 pm - Aug 28, 2018

Good Day,

I would like to query my chances on going to maintenance court.
I have 2 kids 5yrs and 10yrs of age, i have been divorced for 4 years with a a court order settlement agreement in place of requirements of both parties and maintenance amount for kids.
Now my ex has never made the full payment amount as agreed, but I made do with amount given. as it is an amount, plus he makes bond payment (which he has now also stopped)and i cover debt that accumulated within marriage.( i am still paying this amount)
however, he has threatend many things and kept me in line by fear of taking him to court.
but he has now reduced payment to R2k from R4K and advised that as of next month its R700.00.as this is what he would need to pay if I take him to court as that is what he can afford. Now I know he earns well, his moved in with GF in house she or he or both bought? he has the new brand expensive shoes and clothing and going overseas next month on holiday. but i dont know how to proof this? and he wont even provide his address. his meant to pay R5600 as per divorce order . I have fallen into areas on school fees and living expenses, i would like to know what are my chances in claiming the amount of R5600? my kids school fees alone is R5200.00 and of cause there is many, many other experiences. I have been in 3 different jobs in trying to up my income, but recently took a job with slightly lower income, as the traveling was an issue as i was unable to make my correct collections times for kids, and ended up with extra funds to payout. do i have a chance in fighting this? or accept what he says in his affordability.. ? thank you kindly. i would appreciate any advise..

    Our LawyerPosted on12:40 pm - Aug 28, 2018

    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.

EllenPosted on3:50 am - Sep 8, 2018

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

    Our LawyerPosted on5:32 pm - Sep 8, 2018

    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.

PhunyezwaPosted on8:48 pm - Sep 9, 2018

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

FariedaPosted on11:45 am - Sep 12, 2018

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….

TaylaPosted on5:56 pm - Sep 14, 2018

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?

    Our LawyerPosted on7:05 pm - Sep 14, 2018

    Good day

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

Julie PienaarPosted on2:54 pm - Sep 17, 2018

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.

    Our LawyerPosted on4:02 pm - Sep 17, 2018

    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.

MariaPosted on10:50 pm - Sep 18, 2018

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

REVOLUTIONPosted on1:05 am - Sep 21, 2018

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
Revolution

simanyePosted on11:55 am - Oct 1, 2018

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?

MphoPosted on10:49 pm - Oct 4, 2018

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.

    Our LawyerPosted on1:29 pm - Oct 6, 2018

    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.

palesaPosted on9:04 am - Oct 9, 2018

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?

Our LawyerPosted on2:55 pm - Oct 15, 2018

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.

TebogoPosted on1:22 pm - Oct 25, 2018

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.

    Our LawyerPosted on3:01 pm - Oct 25, 2018

    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.

FortunePosted on6:34 pm - Oct 28, 2018

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

WitnessPosted on9:11 am - Oct 30, 2018

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

    Our LawyerPosted on10:46 am - Oct 30, 2018

    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.

Sam MalibaPosted on1:04 pm - Nov 2, 2018

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 R800.my net pay is around R800. do you think is this fair as have other children that i’m still supporting and taking care of, i think she took advantage of me as i come from Lesotho, i will highly appriciate your advice.

    Our LawyerPosted on3:45 pm - Nov 3, 2018

    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.

concerned dadPosted on11:53 am - Nov 6, 2018

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

    Our LawyerPosted on5:04 pm - Nov 6, 2018

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

SheenahPosted on2:15 pm - Nov 6, 2018

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.

Bhekisisa GumbiPosted on11:36 am - Nov 7, 2018

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

    Our LawyerPosted on3:23 pm - Nov 7, 2018

    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.

NeoPosted on1:58 pm - Nov 8, 2018

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

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

Thanks

    Our LawyerPosted on3:36 pm - Nov 8, 2018

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

ThulanePosted on6:44 pm - Nov 8, 2018

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
Thulane

    Our LawyerPosted on6:17 am - Nov 9, 2018

    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.

HOLDERPosted on6:42 am - Nov 13, 2018

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.

    Our LawyerPosted on8:20 am - Nov 13, 2018

    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.

SPosted on8:41 am - Nov 13, 2018

@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’t.in 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.

NormaPosted on9:29 pm - Nov 13, 2018

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.

cPosted on3:47 pm - Nov 14, 2018

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

TazPosted on11:19 am - Nov 23, 2018

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.

    Our LawyerPosted on9:45 am - Nov 24, 2018

    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.

NcediwePosted on11:06 am - Nov 29, 2018

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?

MercyPosted on7:12 am - Dec 6, 2018

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 needed.my 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.

    Our LawyerPosted on8:55 am - Dec 7, 2018

    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.

GPosted on2:14 pm - Jan 4, 2019

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.

    Our LawyerPosted on4:31 pm - Jan 4, 2019

    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.

NalediPosted on8:56 am - Jan 5, 2019

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

    Our LawyerPosted on5:15 pm - Jan 5, 2019

    Good day
    We advise that you approach the Maintenance Court as soon as possible to investigate this matter and make a Maintenance Order.

LuluPosted on9:46 pm - Jan 12, 2019

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

    Our LawyerPosted on6:42 pm - Jan 13, 2019

    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.

NothandoPosted on6:19 am - Jan 13, 2019

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.

    Our LawyerPosted on6:40 pm - Jan 13, 2019

    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.

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