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Question
Posted by: Vicky | 2011-09-22

child maintanance

I need help, my daughter is a year old, the father is not paying maintanance. When my daughter was 6 months i took him to court for doing little for my lo, he promised heaven and earth asking me to cancel the court case, i was stupid enough to believe him. The reason for me to believe was, i know him as responsible person. Now i am getting far less than what he was giving me b4 i took him to court. I have been told by people that if you cancel the maintanance they dont accept you again when you come to re-open again. Does anyone know the procedure??

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Our expert says:
Expert ImageCyberShrink

OK, it was a serious mistake to withdraw the case on the basis of his false promises. GO back to the maintenance court and explain what happened, and have them fix a fair level of maintenance they can force him to mpay, and ask them to take into consideration all he owes and the fact that he made false promises before.
Lets see if anyone else knows the precise procedure, but I doubt that they're entitled to refuse to re-open the case, as their legal duty is to consider the child's best interests. Maybe you can visit the maintenance court and speak to someone there ?

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2
Our users say:
Posted by: Liza | 2011-09-22

They can''t refuse to open a new maintenance case. You have to start from scratch however. I doubt whether they''ll still have the previous case on file because it was cancelled. It is your daughters'' legal right to be financially cared for by both parents to the best of their ability. No court can take away a child''s rights. It''s unconstitutional. In some cases if the non-custodial parent cannot pay maintenance, the grandparents have been sued for maintenance!

Remember to make a list of all your daughters'' expenses. Try to be as specific as possible - it will only help your case. Also take a statement that shows how much the father has paid since she was born. That way, if he paid R1000 before, but says he can only afford R500 now, they will see that he can afford more than R500.

Unfortunately, without a previous maintenance court order, you cannot claim for ''back pay'' i.e. costs that occurred prior to your opening a new case.

Go to your local family court and have a chat with them. They''ll be able to give you far more accurate information on the procedure. And don''t be shy. They''re not going to bite your head off for trusting the father. They''re usually very sympathetic.

Good Luck
Liza

Reply to Liza
Posted by: cybershrink | 2011-09-22

OK, it was a serious mistake to withdraw the case on the basis of his false promises. GO back to the maintenance court and explain what happened, and have them fix a fair level of maintenance they can force him to mpay, and ask them to take into consideration all he owes and the fact that he made false promises before.
Lets see if anyone else knows the precise procedure, but I doubt that they're entitled to refuse to re-open the case, as their legal duty is to consider the child's best interests. Maybe you can visit the maintenance court and speak to someone there ?

Reply to cybershrink

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