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Question
Posted by: Anony | 2011/03/08

2 diff maintenances cases

I have 3 kids, twins &  14 yr old. The 14 yr old has his own father and the twins have their own father. Last year I claimed maintenance for the twins from their father as he didnt want to assist with the kids. The case was finalised and he is now paying maintenance, a few months later we got back together but he still pays maintenance as I told him that I am not prepared to cancell the maintencance in case he decides to leave again. So my problem now is with the father of the 14 yr old. I asked him to pay school fees R800 and buy uniform, stationery, textbooks only once a year. He has been doing it though he always pays the school fees late and my son always gets letters from the school. But he would eventually pay the balance at the end of the year. But now he doesnt want to buy uniform as per our agreement, he keeps telling me he doesnt have money. My son''''s expenses amount to R3000 each month i.e. transport, fees, medical aid, clothing etc. I am only expecting him to pay R800 towards school fees and buy uniform/stationery once a year. Is that really too much to ask, cause i take care of other expenses. Now I am thinking of approaching the court so that we dont have to fight about this each year. So can i have 2 maintenances cases at the same time? I really dont want to do this but he is taking me for a ride. What do you guys advise me to do. He is an educator, and has 2 kids with his wife. So was thinking to ask him to contribute R1500, cause we are suppose to go 50.50. What''s your opinion on this matter.

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Our expert says:
Expert ImageFamily law expert

Best is to get a maintenance order in place at the maintenance court, so that non-payment would result in contempt of the order. That way he will have an ax over his head to pay maintenance.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
Established 1935
1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
Direct Fax: 086 572 8373
E: bertus@divorceattorney.co.za
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Twitter: www.twitter.com/edivorce
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2
Our users say:
Posted by: family law expert | 2011/03/12

Best is to get a maintenance order in place at the maintenance court, so that non-payment would result in contempt of the order. That way he will have an ax over his head to pay maintenance.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
Established 1935
1st Floor, 56 Shortmarket Street, Cape Town, 8000
O: +27 (0) 21 422 1323
Direct Fax: 086 572 8373
E: bertus@divorceattorney.co.za
W: http: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys

Reply to family law expert
Posted by: Anon | 2011/03/08

I dont think it should be a problem - as long as you keep proof that the total expense amount to R3000.00. My daughter is 7yrs and her dad gives her R1000 every month (which does not even cover the school expense) so for a 14yr old the expenses are more.

You need to sort it out because this may cause problems with your twins father (unfairness)

Reply to Anon

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