Tricks and tips on how to win your child maintenance case
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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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What 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 he 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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Good Afternoon
So ever since my baby mama got pregnant I’ve been there for her since day one throughout the pregnancy until my son was born, So from there on I secretly started taking pictures of slips for proof that am supporting my child and sometimes I would send the money electronically that I can prove with my bank statement.
So I wanted to ask that if they decide to take me for maintenance, would it be sufficient enough with the proof I have?
Thank you in advance.
Good day
The slips will show that you purchased. However if the mother disputes you gave it to her, then the court will have to decide. Bet to have the mother sign for it.
Hi..I’m not working as a men ..I meet a lady and we had sex condom breaks and morning after pills failed as she said she took them.. because I gave her money for morning after pills and after a week she said she’s pregnant and we agreed on abortion but after agreement she changed her mind to not do it.. so we broke up after that sex now as she said to me she’s pregnant and now the child is born , she need maintenance from me ..so what can I do as I’m having a wife and children and I’m not working anymore..I have 3 children.
Good day
The ball would be in her court to take you to the maintenance court. You should pay what you can. The Court would then decide what is a fair amount. Or they may proceed against your parents.
Hy guys hw are you I need advice fr my husband his ex girlfrnd want to arrest him fr not supporting the child she said so but they separate 2019 the child was staying with my husband sister fr 5 years the father was the one who support the child the mother no the child grant support the mother was using it last year the child come back to the sister come and stay with us 2 months again she came and fetch the child he said she can support the baby bt she’s not working
Good day
It may be best to approach the maintenance court.
Good day. Have been sued for child support now after 7years. Now she what R45000. She block child out of my life and her grandmas life. Shes married again but court order is on hername with my surname. Is that legal
Greetings
Maintenance court passed an interim order without considering my financial standing, the next court date for full enquiry is in March and I am already struggling to pay what has been ordered due to affordability, what can I do?
We suggest you present all information to the Court in March as to how much you can truly afford.
Hi i would like to take my baby daddy to maintanance court. Our baby is a 1 year old baby girl. Born on year 2022. She was born when both of us had no jobs. So i had to feed her breastmilk and maize meal porridge and her father supported by buying nappies. He than got a job. I applied for grant than he would buy nappies, wipes, vaseline for the baby and never gave me money for anything else i use grant to buy maize meal for porrigde, washing product and even clothes sometime. Right now he said that he is having a baby with another woman and he cant support my baby cause we no longer together. The baby now is on baby formular had to stop giving her breastmilk since i was busy looking for a job. Tthe only income i have is the child support grant and i dont think it will be enough to buy everythingfor the child. He earns R4. 500 a month how much can i get from him if i go to court?
Once has to consider both the child’s and the father’s expenses as well. The court would decide what is fair.
Good Day
I need the advice ,I’ve been taking care of my 3 kids and they have their father’s and they’re working.I’ve been asking them to assist me to take care of the kids but they keep on promising to help me,I’m working but i can’t afford to built their home and talking care of them while their fathers still alive and working.2 boys I asked their fathers last year january to buy them shoes he ignore me and even last year december I ask him to help me he ignored me ,please I need help ,I need to built the house for them,The lastborn His Father always give me the excuse for work that he does not get time to send the child the money ,ever since I gave birth to him he only provide by the time I was at hospital since then ,He’s not providing and the baby is 3years now
Thankyou
Good day
We strongly advise you to approach the Maintenance Court in your area as soon as possible.
Good day,
My baby daddy was on the drugs and currently living at a shelter.. however he has advised me that he is working does od jobs here and there but work a full week. When ask him to help me financially providing for our sons essentials he does not want to. I even ask him when does he get paid its a secret and a forbidden topic.
I was advised that is incapable of providing I can take the biological grandparents on for maintenance?
I have been supporting my child since he was born until now he is 1 year and 8 months.
Please advise whether I can go straight for the Grandparents for Maintenance?
Good day
You would need to take the father to the maintenance court first. If the maintenance court determines that he cannot pay, then you can proceed against the grandparents.
Hi, can I get an advice…
I am in a position where I was scared at court
On the date of appealing for child support.
I was vulnerable and scared, I agreed everything they said and what my ex baby mother asked . She requested 31.55% of my salary and I was in debt at the time, each time I had to pay I’ll borrow the money from people to cover up, so this month people I’ve been owing threatened me, I had to pay them and I can’t afford to pay her this month. She doesn’t want to wait for next month to pay double, now she wants to go to court and report that I am failing, to pay her, what can I do to win the case? Or when I she gets to court what going to happen to me
Good day
We suggest you approach the Maintenance Court and make an application for a change in the maintenance order. If there are merits, the court would make such an order.
I would like to find out what can i do. I have 2 children, my husband works oversee, he send money for the rent, car and what the children needs. He now says that he will not send anymore money as he no longer wants the children. I do have a job and pays school fees, but I will not be able to pay everything with my salary. What can I do?
Hi,
Quick one. Is it true that the Maintenance Court can compel a parent to provide bank statements from past years (say since 2010) to prove that the other parent was/ was not supporting the child?
Regards,
Letha
Hi,
I’m currently in a situation where my essential living expenses along with my debt are greater than my income. My live-in partner, whom I have a nine month old baby is also unemployed. My ex-girlfriend, whom I have a 16 year old child is suing me for maintenance which I can’t afford. I applied for a Section 10 enquiry and court date is September 2023.
In the past year, I’ve made various attempts to decrease my debt, but still no luck. I’ve also applied for new employment in order to try earn a higher salary as well as applied for additional part-time jobs, and again no luck. All this is documented. What happens then in such circumstances?
Thank you,
B
Good Day,
I trust all is well,
I am a father of 2. I am there 100% for my kids. My ex and I share 50% custody of both our kids. I give her R2000.00 for both kids and give her R745.00 For medical aid and pay 50% off school fees that is R1800.00. So, she is required to do the other half of R4545.00 and i do much more when they are with me, as parent should.
Now she is taking me to court, that I’m not doing anything for my kids and that I’m abusive father and that i negligent my kids when they with me, that I’m abusive in a way that my kids don’t get bruised. That my kids go to her an tell her that i abuse them and that I’m on drugs.
As a father that is 100% there for his kids and should be at all times and if the mother off my children cannot maintain the kids, should she communicate this with me and say she needs more help from me and i will do so, because at the end we both made those kids and have a responsibility to them, not go to the court and make fake allegations against me.
I really need help in this matter as i am a father and Dad to my kids and i don’t want to see my kids go through this .
Thanks Zane ,
Aslmw Adv
Been to maintenance court,,case been dragging on for many years due to him just sending sick notes,meanwhile no support for my kids,,last week magistrate told him to help out financially until final order is made in October
He is refusing to assist financially.
Should I complain to the court in the meantime because I cannot afford the expenses any longer on my own.
My kids are grade 10 and Matric.
Please advise me,,much appreciated and shukran
Wslm
It is not right for the Court to drag out the matter. We suggest you complain to the court. They must do their job.
MY EX AVOIDED PAYING MAINTAINANCE FOR YEARS TRID TO PLEAD WTH HIM BUT REFUSED RESIGNED FRM WORK RELOCATED TO ANTHER PLACE, 7 YEARS LATER HE RESURFACED PAYED DAMAGES TO THE FAMILY AND LATER LOBOLA ,5 YEARS LATER ABUNDED US AGAIN DURING OUR MARRIAGE NEVER SUPPORTED US,NOW IS DIVORCING ME STAYING WITH a girlfreind
Wat if I don’t know were the father work’s an i don’t have the pay slip i can’t get help
Hi I did not get informed or get subpoena to appear in court for maintanance untill the last day of the court.Decision was taken without my knowledge.
Hi I recieve a call from maintance Court order to visit my ex lay charge against to pay maintenance and am no longer working still looking for a job what can I do
I’ve been paying maintenance as per agreement by the court…. Now I received the Subpoena from the court whereby they want my income and expenditures documents…I’ve been honoring the maintenance arrangements….
Can I just go and show them our agreement and not producing documents
Hi. I started the process of applying for maintenance. I just want to know if the directive by maintenance officer document is sent by email to his HR department will still be considered by the court or I still have to go with the police officer to his workplace ?
Hi I need an advice my child is 13 years this year I applied for anchild maintainqnce when she was 9 years I want to know which things to mentioned in the form since because I need to increase the child maintainqnce because the child is a teenager now and I have not increase this money since I opened the case so my baby daddy he is paying R700 monthly so how much amount can I add I need your advice and also I’m unemployed I only receive the child grant and R350
Good day
You must all all the child’s expenses.
Hi id like to know if a complainant for maintenance don’t come to the court and the defendant come to the court, what happens or if both you are not present?
It is best to verify with the specific court.
I was contacted to come to polokwane for maintenance court without summons.
Before I attended in Tembisa and the mother was not staying with the kids ,Then she moves to polokwane,but now I they want me at court without serving me with the summons.
Good day I’d like to take my baby daddy to maintenence court when we had the baby he was not working at all we were both students so we had an agreement that I’ll support the baby with sassa money, the baby gets disability grant, so now he’s working it’s been months he kept quiet he keeps on promising me that he’s going to come and see that baby but he hasn’t he doesn’t even send money for food, I even forced him to send me money for his clothes even now he said that he’ll send me money but I’m still waiting for the 22nd and see if he’ll send me money
You need to got the Maintenance Court ASAP.
Hello, how much do your lawyers charge to represent at a maintenance court.
Good day
You would need to discuss it with a lawyer.
Hi, i have two kids, 9 and 4( separate mothers). Both are taking turns to threathen me with maintenance court.
Background to my problem…
I was enrolled as a fulltime student when learning about becoming a parent again. All was well untill my last born child’s mother wanted me to drop out to work for the child.
I respectfully declined as well as her parents proposition to get married. After this since 2016 ive verbally abused, words been thrown back and fourth. Ive stood my ground and have completed my diploma course and currently doing degree. However due to financial strain on my family and to assist financially for my kids, i have taken a casual job, paying what i can afford. My son sometimes stays at my parents house for weeks and months. And now all of a sudden i get threats that she’s going to court if my mom refuses to babysit coz i’m always working, day and night at the harbour which is not in my line of studies. For everything i say no to, she threatens me with court.
I feel so sad and empty…everything is about money to her.
Ive told her that once i get more I’ll pay mpre and that the temporary nob is only till march when my contract expires.
I feel lifeless, she takes the joy out of my life will all the threats and constant nagging.
Please help
Hi there.
So recently my baby daddy and I disagreed after he treated me so badly for the time we stayed together. I asked for some time to work through every thing. He plainly refused he then said if I go to my grandmother’s house he will block me and won’t give any money to his daughter. Mind you he has his own business and gets no less than 30k every second week. I asked him for 15k a month for he made her used to a certain lifestyle I have proof of the kind of money he gets. Is 15k excessive but he can effort it he is saying in an Apartment for 25k rent love wearing high end fashion and I have proof of his spending too. Can I ask him for 15k?
Maintenance is based on the child’s reasonable needs, expenses of the parents and their income, assets and means. We cannot advise you here if R 15k is reasonable. However, if there is a dispute the court can resolve it.
Hi there.
So recently my baby daddy and I disagreed after he treated me so badly for the time we stayed together. I asked for some time to work through every thing. He plainly refused he then said if I go to my grandmother’s house he will block me and won’t give any money to his daughter. Mind you he has his own business and gets no less than 30k every second week. I asked him for 15k a month for he made her used to a certain lifestyle I have proof of the kind of money he gets. Is 15k excessive but he can effort it he is saying in an Apartment for 25k rent love wearing high end fashion and I have proof of his spending too. Can I ask him for 15k?
Hi, my ex fiancé is married to another woman who has a child old than our son.My son is 10 years Nd before my ex married he used to support but since March this year he stopped all together and with no explanation given . I calls and ask to pick up our son to go visit and allow but no longer maintaining his child. Before he married he would sometimes say he lost his money or give excuse s when he is suppose to send money. As of current he is not maintaining at all but has excess to his child
Good day
We advise you to approach the maintenance court in your area ASAP.
Hi.sipho is my name.i have 3 children out of wedlock whom i was maintaining since their birth. Now i was retrenched and divorced from my ex so with the money i received has to pay all my bills and has received a cought order for the 3kids to maintain and cant cuuse not working anymore. Need some advice
Good day
You may approach the maintenance court to apply to have the court orders reduced. If there are merit and it would be fair, the court would reduce it.
Hi. I want to go to court to claim maintenance against my father,the only problem is i do ont know his work address and he doesn’t want to tell me. Can the court help me get this information. And my mother cant take a day of at work to go to the court with me ,so can another adult accompany me
Good day
The maintenance court would be able to assist in obtaining the father’s details. You need to confirm with the court if another adult can assist you if your mother is not available. We presume you under 18 years old. The best would be to call them.
Hi guys… I need an advance… Last month I went to open a maintenance case… My baby daddy is not supporting the child well… All the time when we fight he stop maintaining the child.. so I decided to take him to court… So sometimes he do support then other times he does not…n we ended up separate….so after taking him to court.. n the minute he had I reported him.. then he came back to me and started acting nice towards me… Buying things for the kid…. Our court date is September next Month….so I wanna know if this will affect my case in such a way where I’ll end up losing.. coz now it Seems like he’s willing to maintain after finding out that I reported him
Good day
Not it should not negatively affect your case. You must proceed. At the end of the day, you need a maintenance order which the father must adhere to.
Good afternoon,
I was paying maintenance and buying clothes for my son as per the court order, up until i was approached by his mother complaining to me that every month end her son fight for this money, he want to use it, and he was 13 years by then, and he was not permanently staying with his mother. There is nothing i can proof that the mother was the one who asked me to stop this maintenance payments, it was a verbal communication. Now the child is 16 years old, and still the mother does not stay with him permanently. She stays somewhere with his boyfriend.
I am now being summoned to appear in maintenance court on the 14/08/2020. I will definitely go there, but i need advise on how to say this to the maintenance officer, and also could you advise if my wife is involved in this matter since i am now married and most of the monthly expenses are been taken care by her. Will they need her details as well, eg bank statements, etc. Aslo, can the court assist me with the DNA tests? Please kindly advise.
Good day
Explain to the court the maintenance arrangement you had. The court would decide on how to go forward. Regarding your wife, if she is paying for certain items, outline it on paper. They may want to ask her questions to verify for financial involvement. And yes, you may ask for a paternity test.
Hi, if the mother uses money for her own personal expenses can I stop paying the money to the mother and buy food to be delivered to the child ? Is it right not to give the mother any cent but still support the child myself by paying the schools fees directly to the school, buying clothes for the child myself ?
The courts usually order that the maintenance gets paid to the mother. She would know what the child needs at a specific time. If there is a court order, then you need to follow it. If there is no court order, then you and the mother needs to work out the issues and you need to support your child reasonably. Things like school fees that can be paid to the service provider can be paid directly unless there is a court order stating otherwise.
Good day.
I am a dad of 2year girl turning 3 in December. My wife decide to divorce me 2 weeks ago she move out of the house.
She wants me to see my child only once a week and every 2 weekend. I am very involve with my child my hours very flexible. most of the things she knows today i teach her my wife work long hours 8 am till 5 pm only get back home about 6pm.
We both are very good parents but my wife dont spend so much time with her child like i do.
My Question is what my rites can i get more days of my child as dad ? Even tho my wife refuse to work something out.
What legal acction can i take to see my child more then once a week if a dad can fight for it
We advise you to approach the court for interim contact arrangement pending the finalisation of the divorce.
Hi . My question is if the father of my child left us to live with a married woman and I’m unemployed we don’t have a home I’m living with friends n family. I handed him maintenance papers yesterday. So if he goes to court and tells the court he has new bills to pay since he left me and he can’t afford to pay much towards my child and I. Alimony! When we were living together he didn’t have many accounts .He only had one account. What do I do in a case like this? It’s not fair . He left us to start a new life with this woman . Takes a loan and gets a new place and buys furniture but can’t give money for his child.so therefore I’m taking him to maintenance court.plz I need advise on what to say at court for my bby and I to get a decent maintenance from him.
Good day
The court has a legal obligation to ensure that you obtain fair and reasonable maintenance. They would have to look at all the facts of the matter. We advise that you ensure that you keep proof of all your and the child’s expenses and present it to court. As to the father’s new life, he would have to explain it, and the court would have to decide if he was being fare etc. In the end, the court would decide what is best for the child.
I have a problem whereby my baby daddy was instructed to buy our son clothes for winter and December but before he does that I always have to go to court, can’t they make some sort of arrangement with his employer that he’s obligated into delivering?
Goo day
We advise you to approach the court for a Garnishee order against the father’s salary.
Hi, I’m enquire got on behalf of a close family. He is the father of the child. Due to the fact that when he impregnated his girlfriend, the girl’s parents were trying to make them get married and he didn’t want. So they opened a child maintenance court case, on the day he went and the grandmother is the one who showed up and the girl(mother of the child) did not so the court didn’t take any action. Throughout the years he has tried to pay the damages but they refused. Now the child is 6 years old and he wants to take the court route, how should he go about it. The mother’s child has since been married and has a child with her new husband.
The grandparents(parents to the mother of the child) seem to be taking it personal because they wanted the two( my close family and their daughter) to be married and have refused for him to see the child ever since. How should we go about this situation because the child is growing up
This matter sounds complicated. It may be best he discuss this with a lawyer. Or he can approach a mediator or the court. Let him consider setting up a legal advice consultation making use of the link http://www.ourlawyer.co.za/advice .
I’m a father and pay maintenance fee which I believe is not fair for me as I have other children and pay more on the 1 I pay maintenance on than the others. Which steps to take for it to be reduced.
You need to approach the maintenance court.
Hi I have twin boys turning 5.their father is maintaining them he has 2 other kids tha makes them 4,he pays 2000 for the twin I dont know about the others am unemployed I find far job opportunities my mom works far from home I have no one to leave them with and I cant afford a nanny.he is HR senior at premiers office .it is not enough but it is something.the only problem is he sometimes tells he is having strains and sends R1500 and this does not meet all the twins needs what can I do ?
Good day
We advise you to approach the Maintenance Court for an enquiry into the matter. The court would decide if based on all the fact what he is paying is enough.
Hi I would like to know, if the mother isnt working and the father has been supporting child from birth with a fixed amount which court have him but now she’s threatening the father with the court for more than what his giving, she is in a relationship and says her boyfriend supports more than what the dads supports.. Can she go to court to get extra while she hasn’t worked for years
Good day
She has a right to go court. However, the court would decide on what is fair. The father would have to outline his income and expenses and the mother the same for her and the child. She must also explain why she is not working. At the end of the day, the court would decide what is fair and best for the child.
I am a varsity student and so is my son’s father. I recently got a nanny to look after my child while I study . He gives me R1400 per month but sometimes he makes excuses that he doesn’t have the money .R800 goes to the nanny and R600 for child support,I tell him that it’s not enough but he just doesn’t care …what should I do
Good day
We advise that you approach the maintenance court for a fair maintenance order.
I had a woman who was Pregnant and she was not sure until the baby was born and she told me is my baby but on the Child birth certificate,she gave the baby her family name and on the mothers side she filled her name but on fathers side she never fill anyone,and she demand child support,but i told him to go and fix child burth certificate on thr fathers side bcoz i cant support a child who i real dont have any prove if is my child although i cant afford to do DNA as is too expensive.what will happen to me as a father who im ready to suppport my child if the birth certificate will prove me as a father??what will happen if my baby mother send me to court with empty father details birth certificates?
There needs to be a paternity test. If the she goes to the maintenance court, you may ask for a test.
Kindly advise ..my husband has two kids from another lady ..the kids are currently living with us and hasn’t seen her for over 3 weeks ..she has sent a maintenance order against my husband even though he takes care of the children. Please advise on dealing with this situation. What evidence can be taken to court to prove kids are with us
If there is a dispute at court as to where the child lives, then he can have a social worker provide a short report after visiting the homes.
Good day
iam in bit of a stressful situation I was traditionally married to the father of my son in December 2018 and moved in stayed together even before then we recently had a fight now in November 2019 and we I moved back home and he also moved out to stay at his desired place he hasn’t given me any money for child support or let alone buy the Childs needs he has him on medical aid and is currently paying R600 for that and I have to pay the nanny and buy the Childs things and now I couldn’t take him to day care because he said he wont maintain the child and that he needed his things back from where we were staying previously I did not stop him from getting his things and now he hasn’t done anything for the child ever since. please advise on how to deal with this
Good day
We advise you approach the maintenance court ASAP.
I am looking for someone to draw up an agreement on maintenance with the father. He earns nearly double my earnings but expects me to pay half of everything. I am a Preschool teachers simply cannot afford that on my salary.
I live in Durban. Please may you forward me a person to contact
Good day
Please use the link http://www.ourlawyer.co.za/advice.
Can I still ask for child maintenance if we once agreed on doing an abortion then I informed him of the change of mind regarding keeping the baby
Good day
Due to the fact that a baby is born, the father is responsible for paying child maintenance.
Father of my child doesn’t wanna do anything. The child was staying with his family for 6 months and I went and fetch her but she didn’t have food nor pampers nor medication nor proper clothes. I told him to buy atleast clothes and food a child he said he doesn’t see a need to do that. Do I was wondering if I can get help with child support maintenance procedures.
Good day. A parent must make an application for a maintenance order at a Magistrate’s Court. Make sure to include all the relevant documentation in your application.
Don’t seem to find anything that protects an unmarried father from being exploited? Mother hardly ever worked in 7 years, married wealthy and can afford a rich lifestyle in USA and now demands more and more maintenance – also threatens contact with his child if he doesn’t pay. Father has more than generously contributed to maintenance since the child’s birth. Now they are in USA, father offered R4000 a month, and R2000 a month to savings for one flight a year to see his child. She has now gone legal to dispute maintenance.
my bby daddy has threatened to resign if I continue with the court maintenance what should I do
It is best you obtain the advice of the maintenance court in this regard.
My son is 23 yrs, not employed, have 3 children, drop out of college. I still pay maintenance, why. How can I stop it.