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Question
Posted by: Babo | 2012/05/23

I''m being taken to mantainance court

Hi All,

I''m being taken to the maintanance court tomorrow by the mother of my 8 year old daughter, not because I don''t maintain my child bt beacuase she is demanding more coz she feels that I''m living a cosy lifestyle. Anyway, what I need to know from you my cyberfrends, what should I expect to haoppen eg are they going to decide tomorrow on how much I should contribute or is it still going to be a series of court battles. Can you please shed some ligh,those of you who know,including our wise CS. tHANKS

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Our expert says:
Expert ImageCyberShrink

If the magistrate at the court is sensible, and the situation is as you suggest, then her claim should be thrown out of the court with contempt. The court's job is the assess the needs of the child ( not the wants of the mother ) and then, in relation to the relative earnings of each parent, decide how much each of them should contribute in maintenance towards the child's needs. Whether or not you are living a "cosy life style" is really none of her business, unless you were assessed to pay only very low maintenance on the grounds of your pleading poverty when in fact you're earning more than you revealed.
Such courts ought to reach relatively speedy decisions, and should discourage prolonged proceedings - they must never tolerate abuse of the system by one parent as a means of harassing the other parent.
Do take all relevant documents about your own income and expenses to court in case you need these.

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Our users say:
Posted by: 123 | 2012/05/23

You must be prepared when you go to court - a complete income/expenditure statement, pay slips, letters of appointment and bank statements if you don''t have other proof of income. Remember, you need to be completely HONEST about your costs, with proof, otherwise you won''t stand a chance, mate. They don''t take too kindly to ppl trying to bugger them around...

If you don''t have everything you need, the judge can either grant a continuance or make a judgement which may not be in your favour. When were you informed of your court date?

Joining a group like fathers4justice will give you some support in these issues. Just do a search for their website.

Reply to 123
Posted by: Babo | 2012/05/23

Thanks for all your inputs. My other question is that will the decision be reached tomorrow or we will be asked to bring proof in the next appearance e.g I was not told to bring anything and the magistrate will not be in the position to know my income tommorrow

Reply to Babo
Posted by: Meghanne | 2012/05/23

Make a list of your income and expenses (with proof) and take it along to the Maintenance Court. If she is being unreasonable, the Magistrate will not make an order for higher maintenance.

Reply to Meghanne
Posted by: 123 | 2012/05/23

I don''t think you should take it personally. What better way is there to look after your child than to have a person who is objective decide what a fair price is to pay for their upkeep. In the end, it''s about what kind of life you want to give your child.

Remember that the welfare of your child will ALWAYS come first. Your children will judge you and weigh you one day. And the best way to make sure that your child loves, adores and respects you, is to NEVER skimp financially where they are concerned. I haven''t bought new shoes in three years, but my son has the sports gear he needs.

My advice, walk in there smiling and willing to work with your ex and the court to come to an acceptable conclusion. And if it means you have to cut back on your own expenses, so be it. Your children are definitely worth it.

Reply to 123
Posted by: cybershrink | 2012/05/23

If the magistrate at the court is sensible, and the situation is as you suggest, then her claim should be thrown out of the court with contempt. The court's job is the assess the needs of the child ( not the wants of the mother ) and then, in relation to the relative earnings of each parent, decide how much each of them should contribute in maintenance towards the child's needs. Whether or not you are living a "cosy life style" is really none of her business, unless you were assessed to pay only very low maintenance on the grounds of your pleading poverty when in fact you're earning more than you revealed.
Such courts ought to reach relatively speedy decisions, and should discourage prolonged proceedings - they must never tolerate abuse of the system by one parent as a means of harassing the other parent.
Do take all relevant documents about your own income and expenses to court in case you need these.

Reply to cybershrink

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