Scenario: You and your now ex-husband decided to get divorced 10 years ago and, at that time, the court ordered him to pay R2000 per month maintenance towards your two minor children.
Every now and then he skips a payment. You feel as if you are paying far more towards their expenses than what he is and when you drop the kids off to spend the weekend with him, you see he’s just bought a brand new BMW. What do you do?
Divorce can be a messy affair, with children often trapped in the middle while parents bicker about who gets what and who pays for what. It is important to remember that by law, both parents are obliged to contribute financially towards their child’s general expenses such as education, health care, housing and clothing.
Parents have this duty of support irrespective of whether they were or are currently married, in a new relationship or the child is adopted.
The first step in the maintenance procedure is to determine the “needs” of the child. This simply means that we need to determine what the expenses related to the child amount to.
Once the cost of the child has been calculated, the amount which each party is obliged to pay, depends on that person’s means and income i.e. how much he or she can afford to contribute towards the child.
Now back to the scenario. How would you increase the maintenance contribution that your ex spouse is paying?
Quite simply, you can apply to the Maintenance Court to amend the existing maintenance order for a greater contribution towards your children’s living expenses.
You will need to prove how much your children are costing you monthly by submitting proof of your income and expenses, such as grocery slips, receipts for electricity and/or rent, etc.
Once you have completed the necessary documentation, the court will set a date and summon both parties to appear at court where a maintenance officer will investigate your claim and look into your circumstances.
Your ex then has a choice between agreeing to pay the maintenance as claimed or contesting the matter in court. If your ex agrees to pay the maintenance as claimed, a magistrate will review the relevant documentation.
He or she will then make an order, and may decide to do so without requiring the parties to appear in court.
If your ex does not consent to the order, he or she must appear in court, where evidence from both parties and their witnesses will be heard. Thereafter, a magistrate will make the appropriate order.
Should your ex not adhere to the court order, you may enforce same.
We have previously written specifically on this topic and you may contact us for a copy of the article.
Should you require any further information on this topic you are welcome to contact our offices on 011 897 1900 or info@tuckers.co.za.
Article contributed by Stacey Bonsor of Tuckers Inc.
